Agreement

We provide you with the opportunity to establish a profile to use the Smart Isolator Switch Dashboard. Use of the Smart Isolator Switch Dashboard online service is subject to the terms and conditions set out below. You must only use this service if you are over 18 and you have the legal capacity to contract in Australia.

If you do not agree to these terms and conditions you must cease your use of this service.

Confidentiality

In order to use this service, you require a login and password. You are solely responsible for the confidentiality and use of your password, as well as for any commends given or communications entered into through this service using your password.

Information about EnergyAustralia products

From time to time, EnergyAustralia may send you special offers and information (by direct mail, telemarketing, email, SMS and MMS messages) about EnergyAustralia products and services which might be of interest to you. You agree to receive these offers. You can contact us at any time to unsubscribe from receiving this information.

Terminating or suspending your account

We reserve the right to terminate or suspend your online profile where:

• you have not used your online profile for over 12 months
• you fail to comply with these terms and conditions
• we suspect or have evidence that your online profile is being used to compromise the security of any of EnergyAustralia’s IT systems

We will notify you if we suspend or terminate your online profile. Termination of your online profile will not affect the standard functions of the Smart Isolator Switch to your premises.

These terms remain in force until we or you terminate your online profile. You may terminate your online profile at any time.

Terminating, suspending or altering the Smart Isolator Switch Dashboard and these terms

We reserve the right to terminate, suspend or alter this service and these terms at any time. Where we terminate or suspend this service, or seek to alter it in a way that will have a material detrimental impact on you, we will endeavour to provide you with prior notice. You retain the right to terminate your online profile at any time.

Website security

We will use reasonable endeavours to ensure that the Smart Isolator Switch Dashboard is secure. However, it is possible for any electronic data transfer to be intercepted by others. By using this service, you understand that your information may be read or intercepted by others. We do not accept liability for the interception or hacking of data by unauthorised third parties.

Copyright

Any information provided to you through this service is solely for your personal and/or internal business needs. The material on this website is owned by EnergyAustralia and/or its service providers and is protected by copyright.

Liability

We will use due care and skill in providing the Smart Isolator Switch Dashboard. There may also be other non-excludable statutory guarantees, implied conditions or warranties under consumer protection laws that cannot be excluded which may apply to our supply of the Smart Isolator Switch Dashboard.

Subject to your rights under law which cannot be excluded, we do not warrant or represent that the Smart Isolator Switch Dashboard is complete, accurate, current or free from errors or omission, programming bugs or viruses or secure.

The availability of the Smart Isolator Switch Dashboard may be subject to numerous factors, including routine maintenance and factors outside our control (such as malfunction in equipment or software, internet access difficulties or delay or failure of transmission).

Accordingly, we do not warrant or represent that the availability of the Smart Isolator Switch Dashboard will be continuous or uninterrupted, that any defects will be corrected, or that the Smart Isolator Switch Dashboard or server that makes it available are free of viruses.

We accept liability to you for breach of any statutory guarantee or other rights under consumer protection laws that cannot be excluded and for loss or damage that was caused by our breach of contract or negligence under the principles applied by the courts. However, except as expressly provided by law, we are not liable for:

• loss or damage that was not reasonably foreseeable
• loss or damage that was not caused by our breach of statutory guarantee or contract or by our negligence
• loss or damage that was caused by your breach of contract or your negligence
• business losses (such as lost data, lost profits or business interruptions)
• loss or damage caused by events outside our reasonable control (such as a malfunction in equipment or software, internet access difficulties or delay or failure of transmission)
• indirect or consequential loss or damage

Jurisdiction

This agreement is governed by and construed in accordance with the laws of the State of Victoria, Australia. By using the Smart Isolator Switch Dashboard, you submit to the exclusive jurisdiction of the courts in Victoria.

What information do we collect?

We collect information from you when you respond to a survey.

Google, as a third party vendor, uses cookies to serve ads on your site. Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy..

What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:

To improve our website

(we continually strive to improve our website offerings based on the information and feedback we receive from you)

Do we use cookies?
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information

We use cookies to compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.

PowerResponse

Residential Customer Demand Response Agreement

This Contract sets out the terms and conditions upon which we agree to provide you the Demand Response Product. This Contract between you and EnergyAustralia Pty Ltd ABN 99 086 014 968 (EnergyAustralia) is made up of: 1. Terms and Conditions: This sets out the standard terms and conditions applicable to all Demand Response Products that may be provided by EnergyAustralia under this Contract. 2. Product Schedule: This sets out the special conditions that are applicable to the particular Demand Response Product we are providing you. You should read and understand both of these documents. If you have any questions about this Contract, please do not hesitate to contact arenatrial@energyaustralia.com.au

1. his Contract commences on the date that you have accepted these Terms and Conditions and continues until it is terminated by EnergyAustralia under clause 1(b) or by you under clause 1(c) (Term).
2. EnergyAustralia may terminate this Contract:
   1. (immediately where you have breached a material term of this Contract and have not rectified that breach within 14 days from receipt of a written notice from EnergyAustralia;
   2. immediately where you no longer satisfy any one or more of the eligibility criteria under clause 2; or
   3. upon EnergyAustralia providing you with 30 days written notice of its intention to terminate this Contract.
3. You may terminate this Contract by providing at least 30 days' prior written notice to EnergyAustralia.

You must satisfy the following criteria in order to be entitled to receive Demand Response Payments under clause 5 of this Contract:

1. you are a current EnergyAustralia retail electricity customer in New South Wales, Victoria or South Australia;
2. you have a “type 4” or "type 5" meter at the Premises; and
3. neither you, nor any other person, is on life support at the Premises.

1. Your personal safety is a paramount consideration for EnergyAustralia. You must ensure that you consider your own personal safety and those in your care before
responding to a Demand Response Request under this Contract. You should not participate where any resulting energy reduction will result in discomfort or injury sustained by yourself or those in your care.
2. You acknowledge that:
1. EnergyAustralia has provided you with access to a copy of, and you understand, the PowerResponse FAQs;
2. EnergyAustralia has explained to you, and you understand, how the applicable Demand Response Product works, including the circumstances, times and duration of any electricity supply interruptions to your Premises during the Term;
3. EnergyAustralia has explained to you, and you understand, the need for you to consider your own specific health and safety requirements, and those of any other occupant of the Premises;
4. you have considered and are satisfied that any electricity supply interruptions that may result from a Demand Response Request under this Contract will not adversely affect your health or safety, or that of any other occupant of the Premises, including persons under your care; and
5. you have read and understood the Product Schedule (provided with these Terms and Conditions) including any additional acknowledgements made by you under the Product Schedule.
3. You acknowledge and agree that you have not, and will not during the Term of this Contract participate in any other demand response program (whether or not it is the same or similar to this Demand Response Product) offered by us or a third party in relation to the Premises without our prior written consent.

1. EnergyAustralia may, from time to time, send a demand response request (Demand Response Request) to you in accordance with the applicable Product Schedule.

1. You will be entitled to receive certain payments under this Contract (Demand Response Payments) as outlined in, and subject to the conditions of, the applicable Product Schedule.
2. Where a Demand Response Payment becomes payable to you in accordance with this Contract and the applicable Product Schedule, EnergyAustralia will apply such amount as a credit against your electricity account within 15 Business Days. Such amount will then be deducted from the next invoice issued under your electricity retail contract with EnergyAustralia after the credit has been applied.
3. EnergyAustralia may, subject providing at least 30 days' prior written notice, vary:
   1. any of the Demand Response Payments that may be payable to you under this Contract; or
   2. the Calculation Methodology.

1. A notice, consent or other communication under this document is only effective if it is in writing and either left at the addressee's address or sent to the addressee by mail, email or SMS.
2. A notice, consent or other communication that complies with this clause is regarded as given and received:
   1. if it is delivered, when it has been left at the addressee's address;
   2. if it is sent by mail, three Business Days after it is posted;
   3. on the same day if it is sent in electronic form by email or SMS between 9.00am (Melbourne time) and 11.00pm (Melbourne time) on that day.
3. A person's addresses are those set out below, or as the person otherwise notifies the sender.
   EnergyAustralia arenatrial@energyaustralia.com.au
   Customer Name, postal address, email and mobile telephone number as notified to EnergyAustralia.

1. Under the Australian Consumer Law, consumer guarantees apply to the supply of "goods" and "services" to "consumers" (within the meaning of the Australian Consumer Law). If any such consumer guarantee applies to any goods or services we supply under this Contract then our liability (if any) for any failure to comply with that guarantee in connection with any goods or services (that are not of a kind ordinarily acquired for personal, domestic or household consumption) is limited, as far as the law permits and at our option, to resupplying the goods or services or paying for their resupply.
2. Subject to clause 7(a) and to the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on EnergyAustralia are expressly excluded under this Contract.
3. To the extent permitted by law, EnergyAustralia is not liable to you for any loss, harm, damage, cost or expense, including any indirect or consequential loss, arising directly or indirectly under or in connection with this Contract or the performance or non-performance under this Contract and whether arising under any indemnity, statute, in tort (for negligence or otherwise) or on any other basis in law or equity.

1. You consent to us using, collecting, disclosing and transferring your personal information and sending you information in accordance with our Privacy Policy, available at energyaustralia.com.au/privacy, as amended from time to time. This may include using your personal information in order to sell, deliver and market energy to you and for customer analysis purposes. We may also provide you with information on other products and services available to our customers. Personal information is shared within our group of companies and disclosed to other service providers, including credit reporting bureaus, to the extent required to undertake these activities. Some of those companies and service providers may be located overseas. For further information, please see the "How do we use your information?" section of our Privacy Policy.
2. Subject to this clause 8 and our Privacy Policy, you consent to an EnergyAustralia third party service provider contacting you about participating in a study and/or research project, which may include an in-depth insights session with other EnergyAustralia retail electricity customers.

1. Words defined in the GST Law have the same meaning in this clause, unless the context makes it clear that a different meaning is intended.
2. The Demand Response Payments or any other consideration under this Contract includes any GST payable on that supply, and EnergyAustralia is responsible for payment of that GST.
3. EnergyAustralia must, within 20 Business Days of request from you, issue a tax invoice (or an adjustment note) to you for any supply under or in connection with this Contract.

1. This Contract is governed by the laws of the State of Victoria and you agree to submit to the non-exclusive jurisdiction of the courts in that State.
2. This Contract contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this Contract and has no further effect.
3. This Contract may not be varied except in writing signed by a duly authorised representative of each of the parties.
4. This Contract may consist of a number of counterparts each signed by one or more parties to this Contract. When taken together, the signed counterparts are treated as making up the one document.
5. Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this Contract enforceable, unless this would materially change the intended effect of this Contract.
6. Each party must pay its own expenses incurred in negotiating and executing this Contract.
7. If there is any inconsistency between the Terms and Conditions and the applicable Product Schedule, then the applicable Product Schedule will prevail to the extent of the inconsistency.

The following definitions apply in this document. Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Business Day means a day other than a Saturday or Sunday when the banks in Melbourne are open for business. Calculation Methodology means the method for calculating your "Deemed Baseline Consumption" (including any adjustments to the "Deemed Baseline Consumption"), as outlined in clause 6 of the Product Schedule. Contract means this contract, including the Terms and Conditions and Product Schedule. Demand Response Event means the reduction of the electricity supply at your Premises, pursuant to a Demand Response Request. Demand Response Payment has the meaning given in clause 5(a). Demand Response Product means the demand response product described in the Product Schedule. Demand Response Request has the meaning given in clause 4. GST has the meaning given in the GST Law. GST Law means the A New Tax System (Goods and Services Tax) Act 1999 (Cth). PowerResponse FAQs refers to "frequently asked questions" about EnergyAustralia's Demand Response Program available for EnergyAustralia's website. PowerResponse is the name of the trial that is being conducted as part of the Demand Response Program. Premises means your address enrolled in the Demand Response program. Product Schedule means the Schedule (Demand Response Product), that forms part of the Contract. SMS means short message service via electronic text message. Term has the meaning given in clause 1(a). Terms and Conditions means these terms and conditions that form part of the Contract.

PRODUCT SCHEDULE

DEMAND RESPONSE PROGRAM

The Demand Response Product is a program offered by EnergyAustralia to eligible residential customers in Victoria, South Australia and New South Wales. The program provides customers with an opportunity to voluntarily reduce their electricity consumption to help secure the electricity grid during a grid supply event and in doing so earn credits on their electricity bill. The Demand Response Product operates via a series of SMS communications to firstly, alert the customer that a demand response event may take place, secondly, to activate a demand response event requesting the customer to reduce their consumption, and thirdly by a notification to let customers know that an event has concluded or that an event will no longer be taking place. Eligible participating customers will then be rewarded with electricity bill credits. This Schedule only applies where the following conditions have been met:

1. you satisfy the eligibility criteria in clause 2 of the Terms and Conditions;
2. you have signed up to the Demand Response Product; and
3. you have access to SMS necessary to receive Advance Notifications, Demand Response Requests and other notifications from EnergyAustralia, you acknowledge that receipt of SMS notifications from us is an essential element of this Demand Response Product and you consent to receiving notifications which do not include an unsubscribe facility.

A Demand Response Request issued by EnergyAustralia under clause 4 of the Terms and Conditions must contain the following information:

1. the day, time and duration required for the Demand Response Event; and
2. a request for you to reduce your Premises’ electricity consumption.

We will use our best endeavours to provide you with advance notice that a Demand Response Request may be issued (Advance Notice). This Advance Notice, if issued, will be sent to you via SMS and may be sent days or hours prior to us sending you a Demand Response Request. Following the issue of the Advance Notice, we may or may not issue you with a Demand Response Request. This Advance Notice is not a Demand Response Request for which you can activate a Demand Response Event. You may only activate a Demand Response Event in response to a Demand Response Request. A Demand Response Request may only be issued by EnergyAustralia under this Contract:

1. between 10am and 10pm (EST);
2. no more than 20 times in each calendar year during the Term (including up to 4 activations for the purpose of testing and re-testing during that same period); and
3. with respect to Demand Response Events for a duration of not less than 1 hour and not exceeding 4 hours.

1. You will be separately notified when either:
   1. the Demand Response Event has concluded (where a Demand Response Request has been activated); or
   2. the Demand Response Event has been cancelled or will otherwise no longer be taking place.
2. The notifications above will be sent via SMS and may be sent as late as 11pm on the day that the Demand Response Event is concluding.

In addition to the notifications set out above in clauses 4.1 to 4.3, we may send you additional SMS notifications as needed in order for us to provide the Demand Response Product to you. Where you have been issued with a Demand Response Request under clause 4 of the Terms and Conditions, you may (but are not required to) activate the Demand Response Event by manually switching off the relevant appliance or equipment at the Premises in accordance with the requirements specified in the Demand Response Request. Subject to clause 5(c) of the Terms and Conditions, you will be entitled to receive the following Demand Response Payments, where applicable: