Terms and Conditions

 

 

  1. Energy Management Consultancy (hereinafter referred to as the business) may amend, revise or update its terms and conditions of this website at any time by posting revised terms and conditions on the website without notification. By using our website, you hereby consent to our terms and conditions.

  2. This General /terms and conditions (Terms and conditions) shall take effect to the full extent

  3. All copyright, trademarks, design rights, patents and other intellectual property rights (registered or unregistered) belongs to the business or a third party, nothing in the terms allows the right or license to use any trademark, design right or copyright controlled by the business or a third party

  4. All the information on this website is published in good faith and for general information purpose only. The business does not make any warranties about the completeness, reliability, and accuracy of this information. Any action you take upon the information you find on this website (www.energymanagementconsultancy.com.au), is strictly at your own risk.

  5. The business will not be liable for any losses and/or damages in connection with the use of our website.

  6. Other websites are accessible from our website by following hyperlinks to such external sites. While we aim to only provide quality links to useful and ethical websites, the content and nature of these sites are out of the control of the business. Hyperlinks to other websites from this website do not imply a recommendation, endorsement, or have any responsibility for warranties/guarantees for any of the hyperlinked website products, views, services or the content found on these sites. The ownership of these sites and contents may change without notice, subsequently may occur before we have the opportunity to remove that link.

  7. If there is inconsistency of the terms of this terms and conditions with the terms of an agreement for services or contract under which the business or any of its independent subcontractors, suppliers, or organisations has provided you with advice, data, information, estimates, projections, forecasts, service agreement, or product those terms of that agreement then overrule these terms and conditions to the extent of the inconsistency.

  8. The services delivered by the business or any of its independent subcontractors, suppliers, or organisations include the provision of information and advice on matters that are sometimes innately intangible in nature and sometimes hard to provide definitive conclusions, exposed to subjectivity, conditions that are constantly changing and other variables beyond the control of the business, which, sometimes require assumptions and suppositions.

  9. The business is not receiving a commission for any products (including rate schedule offers, renewable energy products, monitoring systems, subcontractors, organisations or suppliers), advice for better options of products is merely discerned by warranty obligations, durability, ongoing services, and overall price reduction opportunities satisfying your criteria. Which is dependent on the full disclosure by you.

  10. Any products chosen by you is up to you to determine if the product is suitable for your needs and that you understand the warranties, guarantees, and obligations, term and conditions ultimately indemnifying the business, as far as the law permits, of any liability.

  11. Any associated costs with entering a new contract or agreement with a new energy retailer, and/or exiting an existing agreement with an energy retailer you are responsible for those costs and, as far as the law permits, releases the business of any liability for those costs.

  12. Any authority forms signed by you are limited and are used for the purpose that the business can act on your behalf with energy retailers purely to check your rate schedule and any discounts, including concessions you currently receive and to negotiate a better offer, including rates, pay on time discounts, or notify them of any applicable concessions. Any new offer will be reported back to you for your consent and authorization which will require your direct contact with the energy retailer, new or existing, to accept the offer. The business will not exit existing agreements with energy retailers on your behalf nor will the business enter into any new agreements with a new energy retailer on behalf of you.

  13. The business is not liable for any disruption or will not be liable for any losses and/or damages in connection with any energy monitoring systems installed, and including any distributor portals that you register with at https://myhomeenergy.com.au to assist in energy monitoring.

 

Notwithstanding anything to the contrary stated in a service agreement/contract:

 

(a) No representation or warranty of any kind (whether implied, express or statutory, and including without limitation, warranties for non-infringement of third party rights, ownership, fitness for purpose, accuracy, completeness, reliability or currency) is given with any advice, data, information, estimates, projections, products/materials or services (this includes by any person unrelated to the business provided to you by or on behalf of the business);

(b) No representation, guarantee or warranty is given as to the accuracy, completeness, or likelihood of achievement or reasonableness of any is given with any advice, data, information, estimates, projections, products/materials or services, made by or on behalf of the business (including such advice, data, information, estimates, projections, products/materials or services that are subject to changes in the electricity prices, prices of other energy types, the amounts that government establishes for charges and tax levies placed on energy retailers, energy distributors or other energy industry participants or your energy-related expenses or projected cost savings). Advice, data, information, estimates, projections, products/materials and services made by or on behalf of the business can be characteristically exposed to significant uncertainties, and should not be taken as implying that the assumptions upon which the projections have been prepared are correct or exhaustive;

(c) The business offers of rate schedule assessments as one-off, quarterly, six monthly, or an annual review no representation, guarantee or warranty is given as to the accuracy, completeness, or likelihood of achievement or reasonableness of any is given with any advice, data, information, estimates, projections, products/materials or services, made by or on behalf of the business (including such advice, data, information, estimates, projections, products/materials or services that are subject to changes in the electricity prices, prices of other energy types, the amounts that government establishes for charges and tax levies placed on energy retailers, energy distributors or other energy industry participants or your energy-related expenses or projected cost savings). Advice, data, information, estimates, projections, products/materials and services made by or on behalf of the business can be characteristically exposed to significant uncertainties, and should not be taken as implying that the assumptions upon which the projections have been prepared are correct or exhaustive;

(d) Rate schedule assessments are based on better offers compared to your current rate schedule, pay on time discount, and concessions as a whole, other factors such as environmental impacts, ownership of retailer companies and any other factors of a retailer company are not assessed by the business and should be assessed by you when you are considering the comparisons between offers provided by the business of the energy retailers, indemnifying the business of any liability, as far as the law permits, of the business having any responsibility of assessing these other said factors; 

(e) No representation, guarantee or warranty is given, including such advice, data, information, estimates, projections, products/materials or services that are subject to changes in the electricity prices, prices of other energy types, the amounts that government establishes for charges and tax levies placed on energy retailers, energy distributors or other energy industry participants or your energy-related expenses or projected cost savings, in the event that between scheduled rate assessments your energy retailer increases or changes your rate schedule the business is not liable for any associated costs you incur, but will carry out an assessment at the scheduled times that have previously been agreed on or alternatively on request and payment by you the assessment will be carried out within 7 days from receipt of payment;

(f) Payment to the business is within 7 days of the date of any invoice, all invoices will be emailed as soon as practicable on completion of job, stage, milestone or the specified date indicated either verbally or written service agreement. If payment goes unpaid for more than 14 days than all services will immediately cease until payment has been made. If outstanding for more than 30 days than our recovery of fees procedure will be implemented and taken out of the hands of the business;

(g) The business will use its sole discretion to refund funds, equivalent to that specific rate review, if no better offer or pay on time discounts are available at the time of review. No better offer availability is determined by your current rate schedule, pay on time discount, and concessions as a whole and compared to current deals determined by the same parameters, specific to your region, and should not be taken as implying that the assumptions upon which the projections, advice, data, estimates have been prepared are correct or exhaustive;

(h) The business, its employees, agents and independent contractors are released from being liable for any loss, expense or cost (including without limitation, any consequential or indirect loss) that you incur directly or indirectly as a result of or in connection with advice, data, information, estimates, projections, or services provided to you by or on behalf of the business; and

(i) Any liability of the business and its director, employees and contractors for breach of a warranty or condition given in conjunction with services/products supplied by the business which cannot be excluded by law is limited, as far as the law permits, to re-supplying the services/product or paying the cost of re-supplying the services/product and the choice to be made by the business in its sole discretion.

       8.  The business operates and controls this website within Australia. The laws of the State of Victoria govern these terms.

© Energy Management Consultancy 2018. All rights reserved                Disclaimer / Terms & Conditions                  ABN: 66545161247

Melinda Glew