Mondo platform terms and conditions of use

Introduction

You should read these Terms and Conditions carefully. In these Terms and Conditions “we”, “our” or “us” means Mondo Power Pty Ltd an independent subsidiary of AusNet Services Ltd (ABN 73 097 962 395) and includes its employees, agents, contractors and related bodies corporate; and “you” or “your” means the person who accepts these Terms and Conditions and includes the company or entity on whose behalf the person accepting these Terms and Conditions is employed, engaged or authorised by to access the Mondo Portal on its behalf. Acceptance by you of these Terms and Conditions binds you, and the employees, officers and agents of the company or entity on whose behalf you have accepted these Terms and Conditions, to comply with these Terms and Conditions.

The Mondo Portal is an online application provided by us that allows you to, among other things, access energy consumption information and monitor and manage your energy consumption. Without implying any licence to do so, if you pass on any information contained in the Mondo Portal to any other person, you must provide a copy of these Terms and Conditions to that other person.

By accepting these Terms and Conditions you understand that it is your responsibility to monitor and manage your energy consumption and that the Mondo Portal will not guarantee lower utility bills or lower energy consumption.

Acceptance and Changes to Terms and Conditions

You acknowledge and agree that returning of a signed copy of these Terms and Conditions (as applicable) indicates your acceptance of these Terms and Conditions.

These Terms and Conditions replace any other terms or conditions of use for the Mondo Portal previously published, provided or communicated to you. We may from time to time vary these Terms and Conditions by publishing variations, or an updated version of terms of conditions, on the Mondo Portal. By continuing to use the Mondo Portal or the services provided through it after the Terms and Conditions have been varied in the manner described above, you agree to be bound by the varied Terms and Conditions.

Registration

You must apply to register an account and agree to these Terms and Conditions in order to use the Mondo Portal.

In submitting a registration application, you warrant that you are:

• an owner or occupier; or
• an employee, officer, agent or other authorised representative of the owner or occupier,

of the property nominated in your registration details in respect of which you are requesting access to energy consumption data or information. You also represent and warrant that all information provided by you is accurate, current and complete and that you have the right to provide such information to us.

Before you apply to register, you acknowledge that:

• by registering you agree to provide us with information that we may require from you from time to time in order to supply you with goods and/or services under these Terms and Conditions (including the use of the Mondo Portal);
• the information we collect from you may include “personal information” within the meaning of the Privacy Act 1988 (Cth) (for the remainder of these Terms and Conditions, “Personal Information”);
• we will collect, hold, use, handle, disclose and store your Personal Information in accordance with these Terms and Conditions and our Privacy Policy, which is contained on the following website; and
• we may not be able to provide the goods and/or services (including the use of the Mondo Portal) and may suspend, terminate or limit your Mondo Portal account if you withdraw or limit your consent in relation to our collection, use, handing, disclosure or storage of your Personal Information.

We may also suspend, terminate or limit your Mondo Portal account if you move to a different property address or change energy retailers. You must notify us as soon as practicable if you move to a different property address or you change energy retailers.

Your Obligations

You acknowledge that any local government, telecommunication, internet, water, electricity, gas or other utilities costs, or cost you incur from authorities or third parties in relation to the Mondo Portal will be your responsibility.

You must only use the Mondo Portal for lawful purposes and ensure that any person you have expressly or implicitly authorised to use the Mondo Portal complies with these Terms and Conditions.

You must not use or misuse the Mondo Portal device:

• in any manner not permitted by these Terms and Conditions;
• for any unauthorised commercial purpose;
• to breach any law, regulation or requirement of any government authority;
• to infringe another person’s rights or expose us to liability or do anything which could bring us into disrepute;
• in any way which may damage another person’s property or endanger, injure or kill any person;
• in any way which would introduce any virus, Trojan horses, worms or other malicious computer programming codes able to damage the Mondo Portal;
• to attempt to decipher, decompile, disassemble, or reverse-engineer any of the software, systems and/or hardware comprising or in any way making up part of the Mondo Portal;
• in any way which would transmit, alter, damage, decipher, decompile, disassemble or otherwise tamper with any energy data, information and/or any energy-related communication system;
• to collect, or attempt to collect any Personal Information of any other person; or
• to encourage or instruct any other persons to do any of the foregoing or to otherwise act in a manner that is in breach of, or not permitted by, these Terms and Conditions.

Personal Information and Privacy

You acknowledge that any Personal Information provided by you in connection with the registration for, or use of, the Mondo Portal is freely given by you and with your explicit informed consent.

You acknowledge that we may obtain Personal Information about you, including in respect of your energy usage patterns, as part of providing the Mondo Portal and other goods and/or services to you.

We undertake to comply with our Privacy Policy  (which is contained on the website) and applicable privacy laws in relation to your Personal Information. By accepting these Terms and Conditions, you expressly consent to our collecting, holding, using, storing and disclosing of your Personal Information for the purposes set out in our Privacy Policy, including (without limitation):

• for verifying your identity for lawful purposes;
• for business planning and product development;
• to comply with our legal and regulatory obligations; and
• for the purposes of providing, or providing marketing in respect of (including via the Mondo Portal, iPhone/iPad and Android applications, email and SMS text message), products, services and benefits that we may offer from time to time.

You acknowledge that you have reviewed and understood our Privacy Policy which is contained on the website.

When you access the Mondo Portal, general information may be collected about your usage, including your server address, the date and time of your visit, the pages accessed, the information downloaded and the type of browser you used. This information may be used by us in an anonymous, aggregated form, for statistical purposes and to assist us to improve the functionality and usability of the Mondo Portal.

A cookie is a small string of information that a website transfers to your browser for identification purposes. The Mondo Portal may use cookies to hold anonymous session information (for example, your web request, GPS locations, session ID’s of your interaction with a service, Internet Protocol address, browser type, browser language and the date and time of your request) which does not identify you personally. Most internet browsers are set to accept cookies. If you prefer not to receive them, you can adjust your internet browser to reject cookies, or to notify you when they are being used. Rejecting cookies can however limit the functionality of the Mondo Portal.

Use of the Mondo Portal

You acknowledge that all data and other information delivered through the Mondo Portal is indicative only. The Mondo Portal is a tool to help you keep track of, monitor and manage your energy use, but must not be relied on as completely accurate and we make no representation or warranty, express of implied, as to the accuracy of such information.

No Guarantee of Performance

You acknowledge that we do not guarantee or provide any representation of warranty of any kind that the Mondo Portal:

• is error free, suitable, reliable or secure;
• will be available at all times, and you acknowledge that the Mondo Portal may not be available from time to time, including as a result of planned or unplanned maintenance, upgrades, testing or the unavailability of supporting services or facilities; and
• will operate with your hardware, software or system, and you acknowledge that your enjoyment and use of the Mondo Portal depends on your internet connection, hardware, software and system.

Third Party Websites

Where the Mondo Portal contains links to websites maintained by other organisations or persons, those links to other websites are provided as an information service only and must not be construed by you as an endorsement or approval of those websites, persons, organisations or the content or information contained in those websites.

Although every care is taken to provide links to suitable material from the Mondo Portal, we do not guarantee the quality, suitability, completeness or accuracy of any of the material that the Mondo Portal may be linked to. Consequently, we accept no responsibility for the quality, suitability, completeness or accuracy of such material. We are not responsible for the accuracy, quality, suitability, completeness or legitimacy of information on linked websites and do not guarantee that any of the websites listed will be available at any particular time.

We are not responsible for the privacy practices of linked third party websites (if any). You should familiarise yourself with the privacy practices of any third party website which you may visit, regardless of whether there is a link to such websites from the Mondo Portal.

Intellectual Property

We expressly reserve all rights in relation to our ownership of all copyright and other intellectual property in, and to all documents, drawings, maps, characters, images, photographs, artwork, blueprints, licence’s, calculations, information and instructions prepared in connection with the Mondo Portal. You agree that all intellectual property created, in relation to or in connection to the Mondo Portal will vest upon creation to us and to the extent it does not do so, you assign all such intellectual property to us and will enter all documents necessary to give effect to the assignment.

Apart from any fair dealing permitted under the Copyright Act 1968 (Cth), you must not use, re-use, reproduce, communicate to the public, modify, adapt or commercialise any part of the Mondo Portal without our express written permission. Particular parts of the Mondo Portal may provide additional restrictions or permission in relation to the use of material on that part of the Mondo Portal.

Viruses

We do not represent or warrant that the Mondo Portal, the website hosting these Terms and Conditions and any other information or material contained in, downloaded or accessible from the Mondo Portal, is free from computer viruses, Trojan horses, other malicious programming codes or any other defect or error which may affect your hardware, software or systems. You should protect your hardware, software and systems by installing and implementing your own security and system checks.

Limitation of Liability

Subject to any terms implied by law and which cannot be excluded by law, we accept no responsibility or liability for any loss, damage, cost or expense, whether direct or indirect or consequential (including but not limited to legal costs and defence of or settlement of claims or consequential loss or damage) howsoever caused, whether by negligence or otherwise, which may be suffered or which may arise from or in connection with your use or misuse of the Mondo Portal or your reliance upon any information, goods, services and/or materials contained in the Mondo Portal and you release us from all such claims.

If the Competition and Consumer Act 2010 (Cth) (or analogous legislation) applies to these Terms and Conditions and permits the limitation of liability for breach of warranty implied by statute, our liability is limited, at our option, to the supplying of the services again or the payment of the cost of having the services supplied again.

Any of these Terms and Conditions which:

• limit or exclude any term, condition or warranty, express or implied; or
• provide that or our liability will apply to the extent permitted by law,

will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of these Terms and Conditions where such exclusion, qualification or limitation would be prohibited by statute.

You indemnify us and hold us harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of these Terms and Conditions, your access and/or use of the Mondo Portal or reliance on its contents or information.

Withdrawal and Suspension of Access

We may, where reasonably required, withdraw completely or partially, or suspend for a period of time, the Mondo Portal, or access to it for any reason including, without limitation, where there is an interruption, fault, virus, unauthorised access or other malicious attack on our system or where maintenance or upgrading of the system is required.

Termination of Use

If, in our reasonable opinion, you breach any of these Terms and Conditions, we may suspend, terminate or limit your access to the Mondo Portal (at our discretion). If we do not act in relation to a breach by you of these Terms and Conditions, this does not waive our right to act with respect to subsequent or similar breaches.

You may terminate your account by providing us with 30 Business Days’ notice of your intention to terminate.

Governing Law

These Terms and Conditions are governed by the laws in force in Victoria. Each party submits to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia and any courts that may hear appeals from those courts about any proceedings in connection with these Terms and Conditions.