Terms of Use for the WATTever website

Welcome to the WATTever website (“The Host”). WATTever is a trading name of EVtricity Pty Ltd and provides energy saving services including comparing energy retailer prices for the information of buyers (the Service).

Before proceeding, please read these Terms of Use and our Privacy Policy. By using and continuing to access the WATTever website and/or the Service, you are deemed to have accepted the Terms of Use. These Terms Of Use constitute a legally enforceable agreement between you and WATTever. You acknowledge and agree that WATTever may use your personal information in accordance with the Privacy Policy. Rest assured, WATTever does not sell personal information to third parties. You can read about our commitment to respect your privacy in our Privacy Policy.

If you do not agree with the Terms Of Use, do not access or use the WATTever website or the Service.

WATTever reserves the right at any time to amend these Terms of Use at their discretion, by posting amended Terms of Use on the WATTever website.

The Nature of our service

WATTever is an information service to assist consumers to make informed choices before enquiring or buying from a seller of the products and services compared through the WATTever website. WATTever does not provide advice or recommendations to you about whether you should or should not purchase any particular product. You must rely on your own enquiries and judgement, considering your personal situation to decide if a product is suitable for you.

WATTever is an independent family business service and is not owned or controlled by any of the providers of the products and services presented through the WATTever service.

Information we provide

WATTever sources information and pricing about products and services from a variety of sources including:

• publicly available price fact sheets from the retailers of products and services
• publicly available information from regulatory bodies and other government or industry sources relating to the products and services
• information provided directly to WATTever by retailers of products and services

WATTever takes reasonable steps to ensure that the information provided on the WATTever website is accurate and comprehensively covers the products available in the market. However, WATTever does not warrant that the information provided on the WATTever website is fully accurate or complete at any given time, as there may be delays in third parties providing information on changes and time required for WATTever to update product details. The information provided by WATTever via the Service may not include all retailers or all products that are available and you acknowledge that there may be other products available which are not included in the Service. The information that we provide on the WATTever website may not include all special or temporary offers offered elsewhere by a retailer.

The information presented to you by the Service is provided to you to help you make an informed choice when choosing products. The information we provide is of a generic nature, and does not take into account individual customer circumstances that may affect the terms on which a retailer is willing to make a product available to a customer.

Information you provide to us

All the information you provide to WATTever is subject to our Privacy Policy. You can view our Privacy Policy here.

The information you provide to us is used to filter the entire set of products and services so that only the products and services that are relevant to you are presented to you. For example, if you choose GreenPower options we will only present you with plans for GreenPower options.

If you do not provide information that is required for us to assess which products are relevant to you, then we will make assumptions about your energy product needs based on statistical probability. For example, if you do not provide information about the presence of a solar PV system at your premises, we will assume you do not have solar PV, since most Australian homes do not have solar PV systems.

If you provide incorrect information, the WATTever service may present products and services that are not suitable or relevant to your needs and your circumstances. Notwithstanding any other provision of the Terms Of Use, WATTever has no liability to you in such circumstances in respect of any product you purchase that does not meet your needs or which you are otherwise unhappy with and this is a matter between you and the relevant Service Provider from whom you have purchased the Product.

Conditions of use

The service is provided on the strict condition that it is used only by private individuals to review information about products that they may wish to buy for their personal or business uses. The WATTever website or its content must not be used for other purposes. You are prohibited from doing the following:

1.  duplicating, distributing or downloading the WATTever website or the content in any form;
2.  re-selling or licensing the service or it’s content, including redistribution or other commercial use of the WATTever website or its’ content
3.  holding the WATTever website or its’ content in any storage media;
4.  broadcasting, transmitting, uploading, reposting or communicating to the public the WATTever website or its’ content through any medium or any other site on the internet
5.  attempting to make unauthorised access to the WATTever website and database
6.  “framing” the WATTever website or the content.
7.  accessing the website in a manner which uses excessive resources or is likely to prejudice the efficient operation of the WATTever website and the Service;
8.  using the website for any purposes which are illegal or are contrary to the Terms Of Use.

You must not copy or modify the layout of the WATTever website or any computer software or code contained in the WATTever website.

To find out more about obtaining a licence for commercial use of WATTever’s pricing information, content and software platform, please see our Pricing Analytics service.

Limitations of liability and indemnity

In no event shall WATTever be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the WATTever website, even if we have been notified orally or in writing of the possibility of such damage. Where jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

WATTever makes no warranty about the suitability of the tariffs, products and services mentioned or contained within the WATTever website whether as part of the information provided by using the Service or otherwise. You are responsible for the final choice of your energy retailer and you should take time to read through all information supplied before proceeding and consider your individual circumstances. If you are in any doubt regarding an energy product or service, or its terms, you should seek further advice from the relevant Retailer and/or Service Provider before choosing your product.

New products, services or tariffs may be introduced or existing products, services or tariffs may be modified, suspended or revoked by Service Providers with or without notice. Whilst WATTever endeavours to update the WATTever website within a reasonable time after being notified of changes by Retailers or becoming aware of changes, WATTever cannot accept liability for Retailers providing inaccurate, misleading or incomplete information which WATTever takes in good faith or if they fail to notify WATTever in a timely manner of changes in their products, services or tariffs.

We do not monitor or review the contents of other websites which are linked to and from this website, including but not limited to the websites of the providers of the goods and services presented in the WATTever Website. We are not responsible for opinions expressed on other websites, material contained on them or accessible from them. We should not be taken to be the publisher or disseminator of such opinions or material nor should we be taken to approve such opinions or material or make any express or implied recommendation in respect of them.

To the extent permitted by law, WATTever disclaim and exclude all representations, conditions and warranties, express or implied, under law, statute or custom, with respect to the content, the Service and the products contained or offered through the WATTever website including without limitation those with respect to:

1. the accuracy, completeness or current nature of the information provided
2. the service, content, functionality, operation, compatibility, maintenance, level of service or any other matter in connection with any product offered by any Retailer;
3. any aspect of the terms and conditions of use, installation, function, maintenance, price or payment in connection with any product offered by any Retailer;
4. merchantability or fitness for a particular purpose;
5. freedom from computer viruses or malware
6. suitability for your intended use; and
7. delays, interruptions, errors or omissions in delivery or provision.

To the extent permitted by law, you agree to release, discharge and indemnify WATTever, and WATTever’s employees, Service Providers and contractors, from and against any and all liability, loss, expense, claims or demands made against WATTever:

1. for any loss or damage caused to you or any third party, whether by damage to property, delay or financial loss arising from or incidental to your use of the WATTever website and/or the Service; and/or
2. arising from or related to your use of the WATTever website, the content or the Service in any manner, whether in breach of these Terms Of Use or otherwise.

The right of WATTever to be indemnified is in addition to any other right, power or remedy provided by law.

To the full extent permitted by law, WATTever has no liability in relation to or arising out of the website Information and website recommendations.

Accuracy of information

Information is considered to be true and correct at the date of publication, however changes in circumstances after the time of publication could impact on the accuracy of the Information. The Information may change without notice and WATTever is not in any way liable for the accuracy of any information printed and stored or in any way interpreted and used by a user.

General

The Terms of Use constitute the full agreement between WATTever and you, and supersede any prior agreement, whether verbal or in writing. There are no promises, terms, conditions or obligations, verbal or written, expressed or implied other than those contained in these Terms of Use. These Terms of Use will prevail if there is any inconsistency between the Terms of Use and any content on the WATTever website.

If a part of the Terms of Use is found to be void, unlawful or unenforceable, then that part will be deemed to be severable. This will not affect the validity and enforceability of any remaining Terms of Use.

Jurisdiction

These Terms of Use are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts.

Referral fees

WATTever has commercial arrangements with some retailers of products and services presented in the WATTever service. The ranking of products presented for comparison on the WATTever service are not modified or repositioned due to any commercial relationships that WATTever may or may not have.

The product summary may include a link to a purchase process that is managed by the retailer.

This link may take the form of:

• a click-through to the retailer website
• a click-through to a dedicated landing page on the retailer website
• a click-to-call mechanism to automatically initiate a phone call to the retailer’s inbound call centre. Call fees may be applied by your phone service provider to calls made by this mechanism
• a click-to-call-back mechanism to book a call-back from the retailer’s call centre

WATTever may receive referral fees from retailers of goods and services for your use of these mechanisms. The dollar value of the commissions we receive may vary according to the mechanism you use, and whether or not you complete the purchase process.

WATTever does not seek or receive commissions relating to the position or prominence of goods and services presented in the WATTever service.

Links to third-party sites

The Information contained in this site includes information derived from various third parties and does not necessarily directly reflect any policies, procedures, standard or guidelines of the Host. The Host takes no responsibility for the accuracy, currency, reliability and correctness of any information included in the Information provided by third parties nor for the accuracy, currency, reliability and correctness of links or references to information sources (including Internet Sites) outside of this website. Links to other Internet Sites are not under the control of the Host and are provided for information only. Care has been taken in providing these links as suitable reference resources. However, due to the changing nature of the Internet content, it is the responsibility of the users to make their own investigations, decisions, enquiries about the information retrieved from other Internet Sites.

Complaints

To lodge a complaint about the WATTever service, please contact us by email at support@wattever.com.au. Please include your name, contact details, and the nature of your complaint. We will respond to complaints within 14 days.

Do not call register

We do not require you to provide a phone number to use the Comparison service. Where you request a partner retailer to contact you by phone and you provide your phone number for this purpose; or you request a quote for solar, then you give consent to be contacted by telephone on that number by either the Host or any of its associated Service Providers. Your consent will be either an express or deemed consent for the purposes of the Do Not Call Register Act 2006 (if it applies).