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”).
PRODUCT FEATURES AND REGISTRATION
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.
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. 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. Where certain products and services are made available only to members of a certain organisation their plans may 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). The algorithm makes use of data from the Australian Energy Regulator, which may be further refined by other relevant data sets available to us.
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 provided by Market Settlement and Transfer Solutions (MSATS). 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.
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.Other energy retailers do not permit HANDLED to link into their systems in the manner described and in those circumstances HANDLED will redirect you to that energy retailer's website.
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 for the plan chosen by you, including where the meter at your premises is different to that which is indicated by MSATS. In some circumstances where an energy retailer does not permit linking of the Website or App to their online application process 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.
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 https://www.aer.gov.au/consumers/switching-retailers/comparing-offers).
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.
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;
(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.
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.
TERMINATION BY HANDLED
WARRANTY AND LIABILITY
Exclusion of Warranties
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.
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 Providers
You acknowledge that HANDLED relies on the services of Third Party Providers in order to supply the comparison information and other information provided to you via the Website or the App. For example, National Energy Market energy prices are owned and provided by the Australian Energy Market Operator (AEMO). Without limiting any of the above, for the avoidance of doubt, 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 a Third Party Provider.
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.
Accessing the Website and Mobile Application
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.
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 judgment 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.
Third Party Providers means third party providers of information relation to energy products, usage and consumption including energy retailers, the Australian Energy Regulator and other government departments, agencies, bodies or corporations.
Website includes all webpages and sub-sites available within the HANDLED domain handled.com.au.