Welcome to the Discover Energy Insight !
To make it easier for you to understand the terms on which we provide our services, we’ve tried to keep these terms of use (Terms) as simple as possible by using plain English.
When we talk about “the Company”, “we,” “our,” or “us” in these Terms, we are referring to Discover Energy Pty Ltd ABN 20 619 204 750. When we talk about the “Services” in these Terms, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
These Terms set out the terms and conditions that apply when you use the Services. By using the Services, you agree to be bound by these Terms which form a binding contractual agreement between you and us.
Please have a careful read through these Terms before using the Services. If you don’t agree to these Terms, please don’t use the Services.
This is a no cost service, made available to you for the purpose of helping us to evaluate if you are receiving the energy package most suitable for your household.
We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the Services after we modify our Terms, you’ll be taken to have agreed to the Terms as modified.
In order to use the Services, you must be at least 18 years old or have the express consent of your legal guardian. You must also have the legal capacity (including being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside. You may not access the Services if these facts are not true.
In order to use the Services, you will be required to sign up for an account (Account).
When you register for an Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
You agree that you’re solely responsible for:
  • (a)    maintaining the confidentiality and security of your Account information and your password; and
  • (b)    any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
We’ll need you to make a few promises about the way you’ll use the Services.
You agree:
  • (a)    not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;
  • (b)    not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  • (c)    not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
  • (d)not to attempt to breach the security of the Services or the Company’s system security, or otherwise interfere with the normal function of the Services, including by:
    • (i)    gaining unauthorised access to Accounts or data about other users of the Services;
    • (ii)    scanning, probing or testing the Services for security vulnerabilities;
    • (iii)    overload, flood, mailbomb, crash or submit a virus to the Services or the Company’s system; or
    • (iv)    instigate or participate in a denial-of-service attack against the Services or the Company’s system; and
  • (e)    to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Services comply with the Terms.
As part of using the Services, you’ll be automatically providing data feedback about your energy consumption, which will be collected by us in accordance with the privacy policy on our website and these Terms (App Collected Data).
By uploading any App Collected Data, you grant to the Company (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any App Collected Data and to use, exploit or otherwise enjoy the benefit of such App Collected Data.
Unless we indicate otherwise, all materials used in the Services (including text, graphics, logos, icons, sound recordings and software) are subject to intellectual property rights that are owned or licensed by us.
You can only access and use these materials for the sole purpose of enabling you to use the Services in accordance with the plan you are on, except to the extent permitted by law or where you have received prior written approval from us.
The Services may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
The Services may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
The Services are made available to you strictly on an 'as is' basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:
  • (a)    the Services will be free from errors or defects;
  • (b)    the Services will be accessible or available at all times;
  • (c)    messages sent through the Services will be delivered promptly, or delivered at all;
  • (d)    information you receive or supply through the Services will be secure or confidential; or
  • (e)    any information provided through the Services is accurate or true.
We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including App Collected Data), your computer systems, mobile phones or other electronic devices arising in connection with use of the Services. You should take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
To the maximum extent permitted by applicable law, the Company excludes all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Services.
You agree to indemnify the Company and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the Services and/or breach of these Terms.
All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, the Company’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
  • (a)    in the case of goods, their replacement or the supply or equivalent goods or their repair; and
  • (b)    in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
To the maximum extent permitted by law, under no circumstances will Discover Energy be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, these Terms or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
You are responsible for the cancellation of your Account. You can cancel your Account at any time by using the functionality provided in the app.
To the extent permitted by law, we reserve the right to terminate your access to any or all of the Services or any part of the Services at any time without notice, for any reason,.
We may also terminate your access to any or all of the Services at any time without notice without issuing a refund if you breach any provision of these Terms.
We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Account.
The sections titled “Your Content”, “Disclaimer”, “Survival” and “General” will survive any termination or expiration of these Terms, as well as any other provision which by its nature would reasonably be expected to be complied with after termination.
You agree to be bound by the clauses outlined in the Company’s Privacy Policy.
12.2  WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
You can’t assign, novate or otherwise transfer your rights or obligations under this agreement without the prior consent of the Company.
This agreement is governed by the law applying in Queensland, Australia.
The courts located in Queensland, Australia will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms. Each party hereby consents and submits to the exclusive jurisdiction of those courts.
The Company controls the operation of the Services from headquarters located in Australia. Some Services or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.
We make no representation or warranty that all of the features of the Services will be available to you outside of Australia or that they are permitted to be accessed outside Australia.
You’re solely responsible for your decision to use the Services from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the Services.
These Terms were last updated on 16 April 2019.