(i) for account holders with supply addresses in Western Australia, Alinta Sales Pty Ltd (ACN 089 531 984); or
(ii) for account holders with supply addresses in all other states, Alinta Energy Retail Sales Pty Ltd (ACN 149 658 300) (referred to as 'us', 'we' or 'our' in these Terms).
2 Your account
(a) You need to create an account with us to access the MyAccount Portal.
(b) To access the MyAccount Portal you must be the primary account holder (Primary Account Holder) for the relevant service or be authorised by the Primary Account Holder (Secondary Contact).
(c) When you register and activate your account, your username name will be your email address. You will then select your password in accordance with the requirements for setting passwords. You are responsible for:
(i) keeping your password secure; and
(ii) all use and activity carried out under your username.
(d) From time to time we may ask you to validate and verify your identity to protect your personal information, using various methods such as two factor identification.
(e) You must not permit anyone other than the Primary Account Holder or an Secondary Contact to access and/or administer your MyAccount Portal.
(f) You must immediately notify us on email@example.com of any suspected or actual unauthorised access to your account via MyAccount portal.
(g) When you create an account or make a purchase or payment via the MyAccount Portal, you represent and warrant that:
(i) you are at least eighteen (18) years of age;
(ii) you are authorised to create an account, access the information contained in, and conduct the services provided by, the MyAccount Portal, on behalf of the customer; and
(iii) you will use the MyAccount Portal in accordance with these Terms.
3 Changing, suspending or terminating these Terms or MyAccount Portal
(a) We reserve the right, at our sole discretion, to modify, terminate or replace any part of these Terms at any time.
(b) Where we change the Terms or the MyAccount Portal in a way that we consider will have a material and detrimental impact on you, we will attempt to give you prior notice (generally via your email used to log in or on the MyAccount Portal). You should regularly check these Terms to make sure you are familiar with the most current version.
(c) To the extent permitted by law (including the Australian Consumer Law), we reserve the right, without obligation or liability to you or any third party, to take any of the following actions if we consider that you have breached these Terms, or if it is reasonably necessary for our security or business purposes, without giving you any prior notice:
(i) restrict, suspend or terminate your access to all or any part of the MyAccount Portal temporarily or permanently; and
(ii) terminate your account or prevent you from accessing all or parts of your account details or other content contained in your account temporarily or permanently, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
(d) You can terminate your MyAccount Portal access at any time. If you do so, you must notify us at firstname.lastname@example.org.
(e) Any change, suspension or termination of these Terms or the MyAccount Portal will not impact the supply of electricity and/or gas to you.
4.1 How we use your personal information
(a) You acknowledge that we will collect personal information about you when you use the MyAccount Portal.
4.2 Collection notice
(a) We collect and use your personal information to provide you with our products and services, to enable us to fulfil our obligations under any contract with you, to respond to your enquiries, to receive your feedback, to ensure we can contact you regarding your account with us, for our business operations and to comply with the law. Where you have opted in to receiving marketing materials from us, we also collect and use your personal information to provide you with offers for products and services from us. For more details, please see insert link to collection notice that James drafted.
5 Intellectual property rights
(a) Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in the MyAccount Portal and in all of the material (including all text, graphics, logos, audio and software) made available on the MyAccount Portal (Content).
(b) Your use of the MyAccount Portal and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the MyAccount Portal or the Content. However we do grant you a licence to access the MyAccount Portal and view and use the Content in accordance with these Terms for your personal (residential customers) or internal business purposes (business customers) and, where applicable, as expressly authorised by us. All other use of this MyAccount Portal and the Content is prohibited, except to the extent permitted by law.
(c) Any reproduction or redistribution of this MyAccount Portal or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.
6 No commercial use of Content
This MyAccount Portal is for your personal or your business (for business customers) use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or services contained within this MyAccount Portal.
7 Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the MyAccount Portal, including but not limited to:
(a) creating or impersonating another person or misrepresenting your or their authority to act;
(b) any act that would constitute a breach of either the privacy or any other of the legal rights of individuals;
(c) uploading files that contain viruses that may cause damage to our property or the property of other individuals;
(d) posting or transmitting to the MyAccount Portal any non-authorised material including, but not limited to, material that is, in our opinion, detrimental to or in violation of our systems or a third party's systems or network security;
(e) using data mining, gathering or extraction tools; and
(f) otherwise interfering with the operation of the MyAccount Portal.
8 Warranties and disclaimers
(a) In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the operation of the Australian Consumer Law. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
(b) To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this MyAccount Portal or the Content, including but not limited to warranties or representations that they will be complete, accurate or up to date, that access will be uninterrupted or error-free or free from viruses, or that this MyAccount Portal will be secure.
(c) We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this MyAccount Portal. You must take your own precautions to ensure that whatever you select for your use from the MyAccount Portal is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
(d) The MyAccount Portal may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over those linked websites.
(e) We may, from time to time and without notice, change or add to the MyAccount Portal or the information, products or services described in it. However, we do not undertake to keep the MyAccount Portal updated. We are not liable to you or anyone else if errors occur in the information on the MyAccount Portal or if that information is not up-to-date.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct or indirect loss, damage or expense, irrespective of the manner in which it occurs, which may be suffered by you in connection with your use of the MyAccount Portal and/or the information or materials contained on it, or as a result of the inaccessibility of this MyAccount Portal and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
(a) These Terms constitute the entire agreement between us and you with respect to your use of the MyAccount Portal.
(b) Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.
(c) Any waiver of any provision under these Terms will only be effective if it is in writing and signed by us.
(d) These Terms are governed by the law of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.