The website, www.handled.com.au (“Website”), and the HANDLED mobile application (“App”), are provided by Tailored Energy Pty Ltd ABN 50 615 544 548 trading as “handled™” (“HANDLED”, “we” or “us”).

Please read these terms of use carefully. By accessing or using the Website or the App, you agree to be bound by these terms and conditions, our privacy policy and all terms incorporated by reference (together, referred to as the “Terms of Use”). 

PRODUCT FEATURES AND REGISTRATION

Registration required.  

In order that you can make use of the comparison features or other enhanced features on the Website and/or the App (the “Product Features”) it will be necessary for you to register as a user with HANDLED. The registration process will require you to agree to the Terms of Use. An email will then be sent to your nominated email address. You must confirm your acceptance by activating the authorisation link in the email in order to begin using the Product Features.

If you are not the current account holder for your household's existing energy contract you represent and warrant to us that you are over 18 years of age and have the express consent and authority of the account holder to provide information to us concerning your household and their energy consumption.

Access Details  

You must take care with any password/ID issued to you by HANDLED (“Access Details”) and keep your Access Details secure and confidential.

You must notify HANDLED immediately if you become aware that there is, or has been, unauthorised use of your Access Details, or any other security breach relating to your account.

If we have reason to suspect that your Access Details are being used by an unauthorised user or if you do not have consent from the account holder of your household's existing energy contract or if you are under 18 years of age we may cancel your Access Details and/or deny you access to the Product Features. Please contact us if your account has been disabled.

THIRD PARTY ENERGY PRODUCTS AND SERVICES 

Third party data

The Product Features include an information service that compares certain products and services of energy retailers based on particular criteria. All retailers and energy plans are not available in all locations. 

Publicly available deals

HANDLED compares all publicly available deals for a particular geographic area in the marketplace. However, the products and services featured on the Website or the App may not be representative of all products and services available in the market at all times. In particular the comparison results will generally not include restricted plans. Restricted plans are plans that are specifically targeted at an individual or an exclusive group and tailored to their specific circumstances and needs. Where certain products and services are made available only to targeted individuals or exclusive groups, such as members of a certain organisation, their plans will be excluded from the displayed comparison results. Energy comparisons are based on third party data and HANDLED does not represent or warrant that the information is always complete or up to date. 

Where you make use of the comparison tools within the Product Features we may provide links to third party websites (such as the websites of energy retailers). We do not independently verify the information provided by third parties on their websites.

Displayed comparison results

The energy plans displayed to you as part of the Product Features on the Website or the App are generated by our algorithm based on the information that you provide to us in response to a series of questions. If you do not provide all requested information or do not provide to us copies of recent energy bills then the algorithm will estimate potential savings based on the average of a household that has characteristics similar to yours as you have represented your household to us (for example, the number of persons in the household, your postcode, whether or not you make use of solar energy generated from panels on your premises and whether or not you use gas).Better estimates can be generated if you provide all relevant information to us, including your most recent energy bill, and for this reason you are encouraged to do so..

Estimated potential savings and summary of plans

In addition, particularly if this is a connection at new premises you are moving into, we may determine the likely type of meter at those premises based on publicly available information. That information may not always be accurate and if there is a different type of meter at the new premises this could mean that a displayed plan (such as a controlled load capable plan) not being available to you because the meter does not support that type of plan. Any displayed estimate of savings may differ from actual savings in those circumstances.

Accordingly, any information displayed on the Website or the App regarding estimated potential savings in switching energy providers or renewing with an existing energy provider is only a best estimate as generated by our algorithm based on publicly available data sets and certain assumptions.Actual savings may vary from any estimated savings displayed. The comparison functionality and comparison results do not constitute financial advice.

Some of the statements regarding the terms of energy retailer plans, including their features and inclusions, are generalised in order to give you a summary of the comparison plans. It is your responsibility to confirm the exact terms of the plan you wish to choose before entering into a contract with the relevant energy retailer.

Energy retailers and the application process

Some energy retailers require that you provide a valid driver's licence in order for them to obtain a credit report on you before you are able to proceed further with the application process.

In relation to some energy retailers they permit HANDLED to link into their systems to enable you to enter into a contract online within the Website or the App ("Integrated Retailers"). Integrated Retailers may, in some circumstances, make available exclusive deals to HANDLED users in which case those deals will be shown as such in the comparison results displayed.

Other energy retailers who are not Integrated Retailers ("Non-Integrated Retailers") do not permit HANDLED to link into their systems in the manner described and in those circumstances HANDLED will endeavour to facilitate your entry into an energy contract as further described below. In completing an online application for an energy plan (whether or not this can be completed within the Website or the App) you are entering into the contract with your chosen electricity retailer and will be required to accept that retailer's terms and conditions.

You authorise HANDLED to facilitate your entry into an energy contract with the retailer chosen by you (including for Non-Integrated Retailers) for the plan chosen by you, including where the meter at your premises is of any  type.

In some circumstances for Non-Integrated Retailers  HANDLED may be unable to facilitate your online application and you may need to contact that energy retailer directly. In those circumstances you will be notified accordingly within the Website or the App.

Please carefully read the energy retailer's terms and conditions for your preferred plan

Despite any facilitation services provided by HANDLED it is you that is entering into that energy contract. Accordingly it is important that you read all the relevant terms and conditions supplied by the applicable energy retailer (including the circumstances, if any, when it may be terminated and any early termination charges for which you may be liable) before deciding to purchase a plan. You may exercise your cooling-off right under a contract with a gas or electricity retailer by advising the retailer within 10 business days from the date of the contract. (For further information see the consumer information available on the Energy Made Easy website provided by the Australian Government). 

We do not charge you for making available the Product Features.However, we disclose to you that where, as a result of using the Product Features, you subsequently enter into a contract with an energy retailer we may receive a commission or other fees from that energy retailer. Generally, we will receive a commission or remuneration from an Integrated Retailer where you enter an energy contract with that Integrated Retailer.

We are not responsible for the products or services delivered by energy retailers.The inclusion of their products and services on the Product Features is not an endorsement as to the quality or reliability of their service offering. Any resulting energy supply contract is between you and the applicable energy retailer.

PROHIBITED USE OF WEBSITE and MOBILE APPLICATION

Limits on use of Website and mobile application 

You agree that you will not without the prior written consent of HANDLED:

(a) distribute, modify, transmit, reuse, report, or use the content of the Website or the App for public or commercial purposes, including the text, images, audio and video;

(b)provide a link to another URL within the Website or the App;

(c) upload content or other information to the Website or the App;

(d) do anything to damage, interfere or disrupt access to the Website or the App or do anything which might impair its functionality;

(e) use the Website or App in any way to send unsolicited (commercial or otherwise) email or any material for marketing or publicity purposes, or any similar abuse of either;

(f) publish, post, distribute, disseminate or otherwise transmit, defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable or confidential material or information on the Website or App;

(g) make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software;

(h) remove any content or information from the Website or the App;

(i) falsify the true ownership of material or information made available via the Website or the App;

(j) obtain or attempt to obtain unauthorised access, through whatever means, to the Website or the App;

(k) use the Website or the App other than in accordance with the Terms of Use;

(l) attempt any of the above acts or engage, encourage or permit another person to do any of the above acts;

(m) share content or engage in behaviour that violates anyone’s Intellectual Property Rights; or

(n) violate any applicable law.

INTELLECTUAL PROPERTY

Ownership 

Unless otherwise indicated, the content made available through the Website and App and any software enabling product comparisons, is the copyright of HANDLED or its licensors. HANDLED and its licensors reserve all of its Intellectual Property Rights in such content and software. Using our Website and App does not give you any ownership in the content or information made available through the Website and App.

HANDLED has no affiliation, association or endorsement from or with energy retailers, referred to in the content on the Website and App.

Trade marks 

The HANDLED trade marks are owned by Tailored Energy Pty Ltd. Nothing in the Terms of Use confers upon you any rights to use or modify any HANDLED trade marks.

TERMINATION BY HANDLED

Termination 

HANDLED reserves the right to restrict, suspend, or terminate your account or may prevent you from accessing your account if HANDLED believes that you may be in breach of the Terms of Use, are using the Product Features for a commercial purpose, are in breach of any law or are misusing the services. 

WARRANTY AND LIABILITY

Exclusion of Warranties 

The Website, the App and our products and services described in them are provided "as is", and HANDLED and its content providers, agents and affiliates exclude, to the full extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, any warranties as to the currency or of the offerings, or the accuracy of the algorithms. Any warranties as to any files you download from the Website or the App being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into these Terms of Use whether by law, statute or otherwise.

No Representations 

While HANDLED uses reasonable efforts to ensure the accuracy, correctness and reliability of information concerning the products of energy retailers and other information appearing on the App and the Website, HANDLED does not represent or warrant that such information will always be completely up to date and accurate. Any cost or savings estimates are indicative and should be used as a guide only. Actual costs or savings may vary. You should verify any information regarding the products and pricing of energy retailers directly with those retailers. 

No Liability for certain Claims

To the full extent permitted by law, in no event will HANDLED, its content providers, agents or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website and the App, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) or otherwise. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from HANDLED. 

Time limit for Claims

To the full extent permitted by law, in no event will HANDLED be liable for any Claim (for which HANDLED may be legally liable) that is not submitted to HANDLED within 6 months of you becoming aware of the relevant circumstances of the Claim.

Aggregate Limit

To the full extent permitted by law, the aggregate liability of HANDLED, whether in contract, tort (including negligence), or otherwise, arising out of or relating to the use of the Website or the App is limited to $100.

Third party information

You acknowledge that HANDLED relies on publicly available information from third parties (including energy retailers) in order to supply the comparison information and other information provided to you via the Website or the App. To the full extent permitted by applicable law, HANDLED will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by any inaccuracies in such third party information. 

Indemnity 

You agree to indemnify and hold HANDLED and its directors, officer, employees, agents and subcontractors, harmless from and against any third party Claims, and must pay on demand all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by HANDLED, which arises out of your use of the Website and/or the App, except to the extent caused by the negligence or wilful act or omission of HANDLED.

Australian Consumer Law

Nothing in this clause above will exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law (including for breach of a consumer guarantee) or other Australian legislation which cannot be excluded, restricted or modified by agreement.

GENERAL TERMS AND CONDITIONS FOR ALL USERS

Ownership of Website and Mobile Application

The Website and the App are owned and operated by HANDLED. 

Modification of Terms of Use

HANDLED may, at its sole discretion, vary or modify the Terms of Use from time to time. If you are a registered user, we will email you with a link to the updated Terms of Use. In any case, the current Terms of Use are accessible from the Website and the App and may be reviewed by you at any time. Any subsequent access to, or use by you of the Website App after a change to the Terms of Use will constitute your acceptance of the updated Terms of Use. In some communications from us you may be referred to as a "member" which should be read interchangeably for "registered user".

Accessing the Website and Mobile Application

You may use the Website or App and the information, writing, images and/or other works that you see, hear or otherwise experience on the Website or App solely for your non-commercial, personal purposes and solely in compliance with the Terms of Use. 

Governing Law

The Terms of Use are governed by the laws of New South Wales. By using the Website or the App you agree to submit to the non-exclusive jurisdiction of the New South Wales courts in the event of any dispute.

Severability

If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in full force.

Acknowledge HANDLED source

You must not remove or cause to be removed any HANDLED logo, watermark or other HANDLED attribution in the Website, the App or any document downloaded or made available from them.

Other agreement

The Terms of Use do not alter the terms or conditions of any other agreement you may have with HANDLED and those terms and conditions will take precedence where it conflicts with these terms. 

DEFINITIONS

In these terms and conditions unless the context requires otherwise:

Claim means any claim, cost (including legal costs on a solicitor and client basis), damages, debt, expense, tax, liability, loss, obligation, allegation, suit, action, demand, cause of action, proceeding or judgement of any kind however calculated or caused, and whether direct or indirect, consequential, incidental or economic.

Intellectual Property Rights includes all industrial and intellectual property rights throughout the world including copyright, moral rights, trade marks, patents, rights to protect confidential information and any similar rights.

Website includes all webpages and sub-sites available within the HANDLED domain handled.com.au.

PRIVACY POLICY

 

Our privacy commitment

Tailored Energy Pty Ltd ABN 50 615 544 548 (‘HANDLED’, ‘we’ or ‘us’) is committed to protecting the privacy of your personal information. This policy explains how we manage the personal information that we collect, use and disclose that information and how to contact us if you have any further queries about our management of your personal information. This policy does not cover personal information collected about our employees.

HANDLED is bound by the Australian Privacy Principles and the Privacy Act 1988 (Cth), which regulate how we may collect, use, disclose and store personal information, and how individuals may access and correct personal information held about them. HANDLED is also required to comply with the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth).

If you have any questions regarding HANDLED’s Privacy Policy or if would like us to send you a copy of this policy, please contact our Privacy Officer using the details provided at the end of this Privacy Policy. Our Privacy Policy may be amended from time to time. The current version will be posted on our website.

What is personal information?

When we refer to personal information we mean information or an opinion about you, from which you are, or may be reasonably identified. This information may include your name, date of birth, driver’s licence number, marital status, phone number, email address, address, nationality or employment history. 

Due to the nature of our services we do not collect sensitive information (such as information about religion, political opinion, health sexual preference or criminal record). 

How does HANDLED collect and hold your personal information?

HANDLED will only collect personal information about you by lawful and fair means. HANDLED collects personal information in a variety of ways. It is HANDLED’s usual practice to collect personal information directly from you (or from your authorised representative), for example when:

  • you enquire about or seek a price comparison for a product or service;
  • you apply for or purchase a product offered by us and or our participating providers;
  • you contact us via mail, e-mail or online;
  • you download and use our mobile application; 
  • you visit our website, accept our terms and conditions or complete any online registration with us;
  • upload your energy bill;
  • we supply any other products or services to you; or
  • you enter into any trade promotions, competitions, specials or other offers with HANDLED or its direct partners.

We do not sell, rent or trade personal information to or with 3rd parties. We may however disclose your personal information to a 3rd party contractor who provide services to us, or when required by law. 

You authorise us to make use of information relating to your energy usage together with that of other registered users in order to refine comparison search results for the benefit of registered users of the Website or the App. 

Before you provide us with personal information about another person (such as a family member), please make sure that you tell them about this policy, and obtain their consent.

What kinds of personal information does HANDLED collect and hold?

The kinds of personal information that we collect and hold about you will depend on the circumstances of collection, including whether we collect the information from you as a customer, participating provider, contractor, stakeholder, job applicant or in some other capacity.

For example, if you request a quote for a product or service offered by our participating providers, we may collect your name, address, email address, telephone number, date of birth and any other information required to provide you with the quote. If you deal with us in some other capacity (for example, as a participating provider, a supplier or a stakeholder), we may collect your name, contact details and any other information you choose to provide to us.

Any personal information that you provide via our website or mobile application or contact centre (for example, for comparison purposes, to obtain a quote or to purchase products) is collected and stored by HANDLED.

We will only collect sensitive information about you with your consent (unless we are otherwise allowed or required by law to collect that information).

If you provide your personal information to a third party via HANDLED (for example, to purchase products or services on third party website which is linked to HANDLED) that information is collected and managed by those third parties. Please familiarise yourself with their privacy policy prior to deciding whether you wish to provide them with your information.

Some of the products offered by our participating providers can cover more than one person (for example, a family and or couples.) if you provide us with information about a family member, you warrant that you have their permission to do so.

If we are not able to collect your personal information, we may not be able to provide you with our products or services or do business with you or the organisation with which you are connected.

How does HANDLED use your personal information?

We use personal information for a variety of reasons including to:

  • provide services and products you requested;
  • verify your identity;
  • assess, process and manage your application to work with us;
  • data analytics;
  • complaints handling;
  • answer your inquiries and deliver customer service;
  • tell our customers and prospective customers about other products, services or promotional offers that we think may be of interest to them;
  • ensure we comply with the requirements of our participating providers;
  • maintain and improve our customer service;
  • perform credit checks; 
  • meet our regulatory and legal obligations;
  • manage and resolve any legal or commercial complaints and issues;
  • manage our relationships with our participating providers, suppliers and stakeholders;
  • carry out internal functions including training; and
  • conduct marketing research and analysis.

We may also use your information for other purposes required or authorised by or under law, including purposes for which you have provided your consent. That consent may be written, verbal or implied from your conduct.

 

In what circumstances will HANDLED disclose your personal information?

In the course of conducting our business and providing our products and services to you, we may disclose your personal information. In particular, your personal information may be shared between the HANDLED businesses for the purposes outlined in this policy.

We may also disclose your personal information to, where appropriate:

  • professional advisers (such as lawyers or auditors);
  • our contracted service providers, including:

            - information technology service providers;
            - payment systems operators and financial institutions;
            - organisations to conduct promotional, research or marketing activities;

  • law enforcement agencies or government authorities (where we are required to do so by law); and
  • any persons acting on your behalf including those persons nominated by you, executors, trustees and legal representatives.

We may disclose your personal information to third parties for other purposes required or authorised by or under law, including purposes for which you have provided your consent. That consent may be written, verbal or implied from your conduct. In all circumstances where your personal information is disclosed, we will take all steps reasonable to ensure that these third parties undertake to protect your privacy.

Direct marketing

If you are a customer or a potential customer, from time to time we may contact you with information about products and services offered by HANDLED and our business partners, which we reasonably consider may be of interest to you. When we contact you it may be by mail, telephone, email, push notifications, SMS or social media. We will always give you the opportunity to express a wish not to receive direct marketing communications. Where you have created an account with us and opted to receive direct marketing communications in the above ways, you may at any stage opt out of receiving direct marketing communications (see below).

If you want to know how we obtained your personal information, please contact our Privacy Officer using the details provided and we will let you know unless it is impracticable or unreasonable to do so.

How can you opt out of receiving direct marketing?

You can let us know at any time if you do not want the personal information we hold about you to be used or disclosed for direct marketing purposes, or you do not wish to be contacted in any of the above ways, by contacting us. In some circumstances, we may need to contact you to obtain additional information, to verify your identity or to clarify your request.

If you wish to unsubscribe from future marketing and promotional material, please email “Unsubscribe” to marketing@handled.com.au

Does HANDLED disclose your personal information to overseas recipients?

Some of our service providers may be located overseas. As a result, HANDLED may disclose your personal information to overseas recipients, including recipients located in the United States, Philippines and Ireland. For example, sometimes we use third party platforms to deliver or store information. These are sites hosted and managed by other organisations, and some of these sites are located overseas.

Your personal information may be stored in a secure and encrypted form overseas (e.g. in data storage and cloud computing facilities operated by us (or by third parties on HANDLED’s behalf).

No use of Government Identifiers

HANDLED will not use Australian Commonwealth government-related identifiers, such as Medicare numbers, or a driver’s license number, as its own identifier of individuals.

Data quality and Security

We may store your information in hardcopy and/or in electronic form. We will take reasonable steps to ensure that your personal information is protected from misuse, interference and loss and from unauthorised access, modification or disclosure.

This may include a range of systems and communication security measures, as well as the secure storage of hard copy documents. In addition, access to your personal information will be restricted to those properly authorised to have such access.

We rely on the personal information we hold in conducting our business. Therefore, it is very important that the information we hold is accurate, complete and up-to-date. If you believe that your personal information is inaccurate, incomplete, out of date, and irrelevant or misleading, please update your details in the application and we will take reasonable steps to correct that information.

Website usage and mobile application

Our website and mobile application is professionally hosted and operates in a secure environment. You should however be aware that there is always an inherent risk in transmitting your personal information via the Internet.

Cookies are pieces of information that a website transfers to your computer for record-keeping purposes. The information collected may be used by HANDLED to improve and customise your experience on our website or mobile application. In addition, we collect aggregated non-personally identifiable data from our website and/or mobile application to help us maintain and improve delivery of the HANDLED online service and marketing. This aggregated information assists HANDLED to improve content and website navigation.

When you visit any of our online resources, our system may collect information about your visit for statistical purposes, including:

  • server address;
  • top level domain name (for example .com, .gov, .au, .uk etc.);
  • the date and time of your visit to the site;
  • the pages you accessed and documents downloaded during your visit;
  • the previous site you visited;
  • if you’ve visited our site before; and
  • the type of browser used.

We also record when a website page being accessed by you becomes stuck or temporarily inoperable and your website page view clicks.

We record this data to maintain our server and improve our services. There are several methods and packages that we use to collect visitor behaviours on each of our online platforms. Like a number of commercial web site operators, we use tools to measure and analyse internet usage across our web sites. This enables us to track the number of unique browsers to our web sites.

Online chat conversations

We record online chat conversations you may have with us for training and quality purposes.

Links to third party sites

Sometimes our website contains links to other websites, for your convenience and information. When you access a website other than www.handled.com.au please understand that we are not responsible for the privacy practices of that site. We recommend that you review policies of each site you visit. 

How you can access or correct your personal information

You can request access to the personal information we hold about you by contacting our Privacy Officer using the details provided and we will generally provide you with access, subject to some exceptions permitted by law.

Access to personal information may be refused in a number of circumstances, such as where:

  • providing access would have an unreasonable impact on the privacy of others;
  • the request is frivolous or vexatious;
  • the information relates to existing or anticipated legal proceedings and would not normally be accessible as part of those proceedings;
  • providing access would be unlawful;
  • denying access is required by law;
  • providing access would be likely to prejudice enforcement related activities conducted by an enforcement body;
  • giving access would reveal evaluative information in connection with a commercially sensitive decision-making process; or
  • access would pose a threat to the life, health or safety of any individual or to public health or safety.

If we deny or restrict access to the information you have requested, we will give you written reasons for this decision when we respond to your request. We may charge a reasonable fee to cover our costs of providing access to you and will advise you of any such fee payable before we provide you with access.

How you can make a privacy complaint

Please contact our Privacy Officer using the details provided, if you have any concerns or complaints about the manner in which we have collected or HANDLED your personal information. We will investigate your complaint and respond to you in writing within 30 days.

If you consider your privacy concerns have not been resolved satisfactorily by us, or you wish to obtain more information on privacy requirements, you can contact the Australian Information Commissioner on 1300 363 992 or visit their website at www.oaic.gov.au.

How to contact us

If you:

  • have queries, concerns or complaints about the manner in which your personal information has been collected or HANDLED by HANDLED;
  • would like to request a hard copy of this privacy policy or discuss any issues relating to this policy or privacy matters generally; or
  • would like to request access to or correction of the personal information we hold about you.

 

Please contact our Privacy Officer:

Email: privacy@handled.com.au

Postal address:

The Privacy Officer

HANDLED

4/ 17-19 Bridge Street

Sydney NSW 2000

 

Updated 3 June 2019

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