Main things you should know:
- You are responsible for ensuring that information you provide is accurate and complete, as this will affect your results.
- Information provided by Victorian Energy Compare about your future energy usage (and, where you do not provide past usage data, your past and current usage) is a guide only.
- Not all energy offers available to you may be displayed on Victorian Energy Compare.
- You should make your own inquiries about energy plans that are suited to your needs and not rely on the information in Victorian Energy Compare.
Application and amendment of these terms and conditions
Your use of Victorian Energy Compare website is governed by these terms and conditions. By accessing and using Victorian Energy Compare, you agree to be bound by and abide by these terms and conditions.
The Department of Environment, Land, Water and Planning (DELWP) reserves the right to amend these terms and conditions at any time.
Your use of Victorian Energy Compare
You are entitled to, using a generally recognised web browser, download and view the content of this website and use Victorian Energy Compare for the purpose of obtaining information about your own household's
or small business's energy consumption and generally available energy offers that may be available to cater to your needs. This does not include obtaining information about the energy
consumption and needs of others in order to advise them.
You must not use Victorian Energy Compare:
- for any purpose that is unlawful or infringes any rights of the State of Victoria, its agents, instrumentalities or employees (together, the State) or a third party; or
-
to breach or circumvent or attempt to breach or circumvent the security of this website (including hacking) or engage in any other malicious, illegal or damaging behaviour in relation to this
website.
Reliance on Victorian Energy Compare
If you upload or otherwise use usage data provided by your energy retailer or distributor for the purposes of using Victorian Energy Compare, the energy company (and you, if you make any changes to the
data), not the State, is responsible for the accuracy of that data. DELWP does not check that the data is correct or otherwise take any responsibility for the content of material provided to you by your
energy company.
Any information about your past, current or projected future energy usage that you obtain through use of Victorian Energy Compare is determined based on the information that you provide in response to questions.
You are responsible for ensuring that the information that you provide is accurate and complete. The results provided by Victorian Energy Compare are estimates provided as a guide only and, although DELWP
takes due care to ensure that the results are as accurate as possible, the results may not reflect your actual past, current or future energy usage. The information is not financial
advice and may not accurately reflect the amount that you will pay for energy.
The information about available energy offers is provided by energy retailers and made available to DELWP. The energy retailer is required to ensure that information is accurate and current.
The State is not responsible for verifying its accuracy, currency or completeness and does not take any steps to do so. Accordingly, DELWP does not guarantee the accuracy, currency or completeness of that
material. If you wish to take up any offer listed in Victorian Energy Compare, you should verify the details of the offer with the energy retailer, including checking that the offer is available to you and all of the
terms and conditions applicable to the offer. Victorian Energy Compare cannot provide information about whether certain discounts or incentives are available to you. You should not merely rely on the
information provided through Victorian Energy Compare as being correct, current and applicable to you or your circumstances.
The energy offers displayed within Victorian Energy Compare do not necessarily reflect all of the offers that may be available to you. There may be additional offers that are available to you but that:
- are not widely available to most domestic or small business customers or are exclusive to a particular customer segment, and are accordingly not required to be provided to the DELWP;
- cannot be handled by Victorian Energy Compare because they fall outside the parameters used by Victorian Energy Compare to compare different offers; or
- are otherwise not provided by the energy retailer to the DELWP.
You should check with the relevant energy retailer what offers may be available to you, including offers not displayed as part of the results given by Victorian Energy Compare.
Third party websites
This website may contain hyperlinks or references to other websites. The State does not claim any association with, and does not endorse, websites that are not clearly identified as sites maintained by
the State. If you follow a hyperlink or are referred to another website, you are responsible for observing that website's terms of use. The State takes no responsibility for the accuracy or use of
material on third party sites. The State is also not responsible for any non-availability of, or computer viruses, other harmful code, defects or errors in, third party sites.
Your rights under law
To the extent that your use of Victorian Energy Compare or this website results in you acquiring services as a consumer within the meaning of the Australian Consumer Law (as set out in Schedule 2 to the
Competition and Consumer Act 2010 (Cth) and given effect under the Australian Consumer Law and Fair Trading Act 2012 (Vic)), you may have certain rights and remedies (including, without limitation,
consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these terms and conditions operates to exclude, restrict or modify the application of any implied
condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion,
restriction or modification of which would contravene that statute or cause any of these terms and conditions to be void (Non-excludable Obligation).
Operation of this website
Except in relation to Non-excludable Obligations, 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 the State are expressly excluded under these terms and conditions. Without limiting the above, the State does not warrant that:
-
Victorian Energy Compare or this website will be free of infections by viruses, worms, spyware, adware, keyloggers, trojans or any other computer code, program or routine that is harmful, destructive,
disabling or that assists in or enables theft, alteration, denial of service, unauthorised disclosure or destruction or corruption of data; or
- the functioning of Victorian Energy Compare or your access to Victorian Energy Compare or this website will be uninterrupted or error-free.
You should use up-to-date virus protection software and other systems to protect your own computer and systems from viruses or other harmful code.
Exclusions and limitations of liability
Except in relation to Non-excludable Obligations, the State will have no liability to you for any economic loss, loss of contract, loss of profit or revenue, loss of opportunity, loss of production,
production stoppage, loss of data or other loss, harm, damage, cost or expense (including legal fees) in the nature of special, indirect or consequential loss or damage that arises directly or indirectly
in connection with your use of Victorian Energy Compare or this website or the performance or non-performance of Victorian Energy Compare or this website, and whether arising under any indemnity, statute, in tort (for
negligence or otherwise), or on any other basis in law or equity.
The liability of the State to you:
-
for a failure to comply with any Non-excludable Obligation, except for services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which liability is
not so limited under these terms and conditions); or
-
in connection with your use of Victorian Energy Compare or this website or the performance or non-performance of Victorian Energy Compare or this website, and whether arising under any indemnity, statute, in tort
(for negligence or otherwise), or on any other basis in law or equity, other than for a Non-excludable Obligation,
is limited to supplying the services again or payment of the cost of having the services supplied again.
Suspension of access
Without limiting the above, DELWP may remove or suspend Victorian Energy Compare or this website, or
access to them, for any reason including where there is a fault, harmful code, unauthorised access or
other malicious attack on the website or DELWP's systems or for the purposes of upgrading or maintenance of the website.
Termination of access
If, in DELWP's opinion, you breach any of these terms and conditions, DELWP may suspend,
terminate or limit your access to Victorian Energy Compare or this website. DELWP does not waive any right
under these terms and conditions unless the waiver is in writing signed by DELWP.
Intellectual property
Without limiting any other terms and conditions that apply to this website, you must not reproduce, adapt, modify, communicate or otherwise use any part of Victorian Energy Compare or this website without written
permission from DELWP or as expressly permitted in these terms and conditions. This does not limit your rights under law (including to engage in fair dealing with the copyright material in
Victorian Energy Compare or this website for the purposes permitted under the Copyright Act 1968 (Cth)).
Privacy
Your use of Victorian Energy Compare is governed by the privacy statement for this website, which is located at victorianenergysaver.vic.gov.au/privacy and the
DELWP privacy policy referred to in that statement. In addition to the collection of anonymous information through web servers set out in that privacy statement, in using Victorian Energy Compare you will be
asked to supply certain information for the purposes of determining your estimated energy usage and profile, and some of the energy offers available to you. If you do not provide this information,
you will not be able to obtain information from Victorian Energy Compare. Any such information that you supply through use of Victorian Energy Compare will only be used by DELWP for these purposes, and will not
be supplied to any third parties. The information will not be retained by DELWP beyond the end of your session, except that information will be retained in a form aggregated with the information
provided by other users of the website, and as part of the caching that occurs during the ordinary operation of this website. Any such information that is
personal information will be held and used in accordance with DELWP's privacy policy.
