The following Terms and Conditions govern your access to and use of the Website. Please read these Terms and Conditions carefully before using the Website.
By accessing and/or using the Website, you agree to be bound by the following Terms and Conditions. The provision by Deal Expert of any information, services or other material on the Website (“the Website Content”) to you is expressly conditional on your acceptance without alteration of the Terms and Conditions.
The Website Content gives general guidance regarding electricity costs and the potential to save money on your electricity bills. Deal Expert assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Website Content.
As Deal Expert considers your privacy to be of paramount importance, in operating the Website, Deal Expert will comply with its “privacy statement” which is contained on the Website and forms part of these Terms and Conditions (“Privacy Statement”).
1. The Service
1.1. Deal Expert makes available to you through the Website (and then its call centre) the service of providing a free “energy bill health check” by comparing your current electricity expenses and contract terms to those offered by Deal Expert affiliated preferred supplier(s) (“the Service”).
1.2. If you request the Service by submitting your details to Deal Expert via the Website, a Deal Expert representative will contact you to ask you a list of qualifying questions in order to determine whether Deal Expert can assist you either to reduce your electricity costs or obtain more favorable contract terms (“the Questions”).
1.3. You acknowledge and agree that Deal Expert assessment of your electricity expenses and contract terms are dependent on the accuracy of your answers to the Questions.
1.4. In providing the Service, Deal Expert will rely solely on the product, pricing and service information provided by its affiliated preferred supplier(s) (“Preferred Supplier Information”). Whilst Deal Expert uses its best endeavours to ensure the accuracy, completeness and timeliness of the Preferred Supplier Information, it may be subject to change and accordingly Deal Expert does not guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of any Preferred Supplier Information.
1.5. J Deal Expert does not warrant or represent that the Service utilizes the product, pricing or service information of all or a majority of electricity suppliers.
1.6. If Deal Expert does not believe it can assist you to reduce your electricity bills through its preferred supplier(s), it may recommend that you make enquiries with a third party electricity supplier which is not affiliated with Deal Expert (“Non-Affiliated Supplier(s)”). Deal Expert’s recommendation will be based on information obtained directly from the Non-Affiliated Supplier or through the Non-Affiliated Supplier’s website. Deal Expert does not guarantee the accuracy, completeness or timeliness of any information relating to a Non-Affiliated Supplier. For the avoidance of doubt, Deal Expert makes no representation or warranty in relation to any recommendation provided to you in relation to product, pricing and services of Non-Affiliated Suppliers.
1.7. If you ultimately accept Deal Expert’s offer to transfer your electricity supply to Deal Expert preferred supplier, Deal Expert:
- (a) will provide your personal information collected from the Website (by you completing the on-line form) and from you (by telephone) (“Personal Information”) to its preferred supplier for the purpose of transferring your electricity supply from your current retailer to the preferred supplier;
- (b) will not be a party to your agreement or contract with the preferred supplier; and
- (c) may receive a commission from its preferred supplier(s) which will be independent to and have no affect on the terms of your contract or agreement with the preferred supplier.
2. Use of Your Personal Information
2.1. Deal Expert may gather, process and use the information which you may provide when accessing the Website (by completing the on-line form), such as your name, e-mail address and phone number (“Personal Information”) in accordance with its Privacy Statement.
2.2. Deal Expert will not use or authorize the use of your Personal Information for any purpose other than the purpose of providing the Service or for any other purpose made known to you at the time of submission and collection of your Personal Information.
2.3. If your phone number is registered on the “Do Not Call Register”, by providing Deal Expert with your phone number (and ticking the box agreeing to receive future calls from Deal Expert), you expressly consent to receiving phone calls from Deal Expert and acknowledge and agree that such calls will not constitute unsolicited telemarketing calls under section 11 of the Do Not Call Register Act.
3. Use of Material on the Website
3.1. The Website Content is provided to you for information purposes only. Except for the limited use set out in clause
3.2, you may not use the Website, or the Website Content, for any other purpose, including but not limited to:
- (a) the reproduction of the Website Content in any material form;
- (b) the distribution of the Website Content in any material;
- (c) re-transmission of the Website Content by any medium of communication; or
- (d) uploading and/or reposting the Website Content to any other site on the WWW.
3.3. Notwithstanding the restrictions referred to in clause 3.1, you may download material from the Website for your personal and non-commercial use provided you do not remove any copyright and trade mark notices contained in the Website Content.
3.4. You may not modify or copy:
- (a) the layout of the Website; and
- (b) any computer software and/or code contained in the Website.
3.5. Deal Expert reserves all intellectual property rights, including but not limited to, copyright in Website Content. The Website Content is provided for personal use only and may not be:
- (a) re-sold and/or redistributed in any material form;
- (b) stored in any storage media; or
- (c) re-transmitted in any media, without the prior written consent of Deal Expert.
4. Disclaimer – Limitation of Liability
4.1. To the full extent permitted by law, Deal Expert disclaims any and all warranties, express or implied, regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any Linked Sites.
4.2. Deal Expert will not be liable under any circumstances for any loss or damages of any kind recognized by law which arise from you:
- (a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the Linked Websites; and
- (b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any Linked Sites.
4.3. Deal Expert does not warrant, guarantee or make any representation that:
- (a) the Website, or the server that makes the site available on the WWW are free of software viruses. It is your responsibility to protect your data whether by virus scanning or other computer security systems;
- (b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
- (c) errors and defects in the Website will be corrected.
4.4. Deal Expert is not liable to you for:
- (a) errors or omissions in the Website or Linked Sites;
- (b) delays to, interruptions of or cessation of the services provided in the Website or Linked Sites; and
- (c) defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of Deal Expert, its employees or independent contractors, or through any other cause.
4.5. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
5. Use of Information Gathered
5.1. Deal Expert may gather and process the information regarding the way in which you use the Website, including without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website (such as your IP address, domain name, browser type, date and time of your access and details of information you downloaded).
5.2. Information acquired by Deal Expert in accordance with clause 5.1 is used only for internal statistical purposes and shall remain confidential and shall not be disclosed to any other party without your consent or as Deal Expert may otherwise be required by law.
6. Links to Other Websites
6.1 The Website may contain links to sites on the WWW owned and operated by third parties and which are not under the control of Deal Expert (“Linked Sites”). If links to Linked Sites are contained on the Website, Deal Expert:
- (a) provides the links to the Linked Sites as a convenience to you and the existence of links to Linked Sites does not imply any endorsement by Deal Expert of the Linked Sites; and
- (b) is not responsible for the material contained on the Linked Sites.
7. Alteration of Terms and Conditions
7.1 Deal Expert reserves the right to change these Terms and Conditions without further notice to you and without giving you any explanation or justification for such change(s).
8. Termination of Access
8.1 Deal Expert may terminate access to the Website at any time without notice and Deal Expert has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
9. Relevant Jurisdiction
9.1. If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will have not affected the validity and enforceability of any remaining provisions.
9.2. These Terms and Conditions will be governed and interpreted in accordance with the law of the State of Victoria.
9.3. You agree to the jurisdiction of the courts of the State of Victoria to determine any dispute arising out of these Terms and Conditions.