These Terms govern the use by the Customer of any of the Services that Zembl agrees toprovide to the Customer from time to time. Please read these Terms carefullybefore using the Services.
1. DEFINITIONS
1.1 The following definitions apply to these Terms and Conditions of Service (the“Terms”):
Contract: means any contract between a Supplier and the Customer.
Customer: means any customer who satisfies the eligibility requirements set out in clause 3 and to whom Zembl agrees to supply any of the Services from time to time.
Existing Supplier: means theCustomer’s existing energy retail supplier.
Zembl: means Zembl Pty Limited (ABN: 29 138 847 757), which is a company registered inAustralia and which has an office at Level 5, 100 William St, Woolloomooloo, NSW, 2011.
Quotation: means a quotation provided to the Customer by Zembl on behalf a Supplier which sets out the terms and prices upon which a Supplier may be prepared to supply theSupplier Services to the Customer.
Services: the services provided by Zembl, including the Price Comparison Service described in clause 4.1, the Switching Service described in clause 4.3, and the Do It ForYou Service described in clause 4.4.
Site: means the website www.www.makeitcheaper.com.au.
Supplier: means any energy retail supplier as may be selected by Zembl and/or listed on the Site from time to time, including the Existing Supplier (where applicable).
Supplier Services: means the energy retail supply services and/or products as may be agreed to be provided by a Supplier to a Customer from time to time.
2. Application of Terms
2.1 These Terms will apply to the provision of any Service by Zembl to a Customer. Zembl may also ask the Customer to accept additional terms relevant to the provision of certain Services (such as the Do It For You Service). These will be separately provided to the Customer and will apply in addition to these Terms.
2.2 No other terms provided by the Customer, or implied by trade, custom, practice or course of dealing, will apply to the Services unless specifically agreed to by Zembl.
3. Eligibility to use the Services
In order to beeligible to use the Services, the Customer must:
(a) be the owneror occupier of premises (whether residential or business) to which energy is sold or proposed to be sold;
(b) if a business, have an Australian ABN and / or ACN;
(c) if an individual, be aged eighteen years or over; and
(e) be able to provide Zembl with all such relevant information as Zembl may require in order to provide the Services to the Customer.
4. Provision of Services
Price ComparisonService
4.1 If theCustomer opts for and Zembl agrees to provide the Price Comparison Service, Zembl will, upon request from time to time from the Customer, provide theCustomer with information on Suppliers’ prices. Zembl will use its reasonable endeavours to secure favourable and competitive prices on behalf of theCustomer and will provide the Customer with relevant Quotations obtained by theSuppliers for consideration by the Customer. Zembl and the Supplier reserve the right to revise, amend or withdraw any Quotation at any time upon informing theCustomer.
Facilitating newSupply arrangements
4.2 If theCustomer opts for and Zembl agrees to provide the Switching Service or the DoIt For You Service, the Customer will facilitate the switching of the Customer to a new Supplier, or to new or renewed arrangements with its ExistingSupplier.
SwitchingService
4.3 TheSwitching Service will involve seeking and obtaining the Customer’s consent to the new Contract with the Supplier for the supply and purchase of the Supplier Services.
Do It For YouService
4.4 The Do ItFor You Service will involve Zembl acting as the Customer’s agent to source and enter into Contracts with Suppliers on the Customer’s behalf, on an ongoing basis (as and when they are due to expire or be renewed), until Zembl’sauthority is revoked.
5. Contracts with Suppliers
5.1 The Customer acknowledges that by entering into a Contract with a Supplier, the Customer will be contracting directly with the Supplier and not with Zembl. The Customer agrees that Zembl is not liable in any way in relation to any transactions, dealings or arrangements of any kind made between the Customer and any Supplier and that any such transaction, dealing or arrangement (including any payment obligations of the Customer) is the Customer’s sole risk and responsibility.
5.2 It is theCustomer’s responsibility to ensure that all the Customer information under theContract is true, accurate, complete, reliable and current in all respects andt o inform Zembl promptly if there are any errors. If any of the Customer information needs to be amended or rectified, this may result in the transfer being delayed or rejected by the Supplier.
5.3 Zembl will not be responsible for any delay or failure caused by any Supplier or ExistingSupplier in relation to effecting any transfer.
5.4 While Zembl will use all reasonable endeavours to secure new Supply Contracts at competitive prices, the extent of any savings under that Supply Contract will be dependent on a number of matters, not all of which can be predicted at the time of entering into the Supply Contract.
6. Charges
6.1 Zembl will provide the Services completely free of charge.
6.2 Zembl receives payments from energy Suppliers, who pay a commission to Zembl once a newSupply Contract successfully begins.
7. Contacting the Customer
7.1 The Customer consents to Zembl contacting the Customer from time to time in order to provide theServices, and in order to provide the Customer with information about Zembl’s other products and services, including by direct mail, telemarketing, email, SMS, MMS, or in person. If the Customer wishes to opt out of this, the Customer can contact Zembl to do so in accordance with Zembl’s Privacy Policy.
7.2 The Customeralso consents to Suppliers contacting the Customer from time to time in a like manner, subject to the Customer opting out by contacting the Supplier directlyin accordance with the Supplier’s Privacy Policy.
8. Termination
Either theCustomer or Zembl may terminate the Services at any time.
9. Limitation onLiability
9.1 Zembl will exercise reasonable skill and care in providing the Services. However, the performance of the Services by Zembl may be dependent upon third parties(including Suppliers and Existing Suppliers) and Zembl is not able to guarantee or accept any responsibility for any failure or delay caused by such third parties or for any inaccurate, incomplete or unreliable information provided to the Customer by such parties via Zembl.
9.2 The Customer agrees that, subject to clauses 9.3 and 9.4:
(a) Zembl will not be liable to the Customer for any claim by the Customer (for which Zembl may otherwise be legally liable) that is not submitted in writing within 3months of the Customer becoming aware of the relevant circumstances; and
(b) Zembl’s total liability for all losses of whatever nature suffered by the Customer for which Zembl may be legally liable is limited to the lesser of: (i) theCustomer’s actual loss; and (ii) the commission earned by Zembl from theSupplier as a result of Zembl securing and finalising the Contract between theSupplier and the Customer.
9.3 Subject to clause 9.4, the Customer agrees that Zembl will not be liable for any: (a)indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; (b) loss of profit or savings; (c) loss or corruption of data or information; (d) loss of contracts, business or opportunity; (e) damage to goodwill or reputation; in each case whether director indirect and in each case whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with the Services, in each case even if Zembl has been forewarned or is aware of the possibility of such loss or damage.
9.4 Zembl does not exclude or limit its liability (if any) in any way:
(a) for death or personal injury caused by Zembl’s negligence;
(b) for fraud orfraudulent misrepresentation; or
(c) for anymatter from which it is unlawful to exclude, or attempt to exclude, Zembl’sliability, including under any consumer guarantees under the AustralianConsumer Law.
10. Force majeure
Zembl will notbe liable to the Customer if Zembl is prevented from or delayed in performingany of its obligations in relation to the provision of any of the Services, orfrom carrying on its business, by acts, events, omissions or accidents beyondZembl’s reasonable control.
11. Transfer of rights and obligations
11.1 TheCustomer may not transfer, assign, charge or otherwise dispose of any of itsrights or obligations arising under these Terms, without Zembl’s prior writtenconsent.
11.2 Zembl mayat any assign any of its rights under these Terms to a third party, charge anyof its rights under these Terms in favour of a third party, engagesubcontractors to perform any part of the Services, or novate its rights andobligations under these Terms to a third party on terms specified by Zembl,without the Customer’s consent.
12. Governing Law and Jurisdiction
12.1 These Termsare governed by the laws of the State of New South Wales, Australia.
12,2 Each partysubmits to the exclusive jurisdiction of courts exercising jurisdiction in NewSouth Wales and courts of appeal from them in respect of any proceedingsarising out of, or in connection with, the Services. Each party waivesany objection to the venue of any legal process in these courts on the basisthat the process has been brought in an inconvenient forum.
13. Changes in Supplier pricing
Zembl makes itsprice comparisons and recommendations based on Suppliers’ pricing at the pointat which it is offered by Suppliers. Customers should be aware that manySuppliers include terms permitted the Supplier to change the pricing during theContract in some circumstances.
14. Customer Savings Guarantee
14.1 Zembl provides a Customer Savings Guarantee to all Customers that receive a comprehensive bill comparison and change Suppliers by using the Zembl SwitchingService. The savings guarantee is intended to provide the Customer with the confidence that the new Supplier they choose will save them money, and is likely to do so for the following 12 months. However, this guarantee does not apply to the Do It For You Service; a separate “Zembl Assemble Guarantee” instead applies to that service, as described in the terms for that service separately provided to the Customer.
14.2 Should anyCustomer consider that a saving was not achieved after a period of 12 months under the new Supplier, then the Customer must present its bills for the past12 months to Zembl. Zembl will analyse those bills and compare:
(a) theCustomer’s total charges in those bills for the past 12 months; with
(b) what theCustomer’s total charges would have been for that same 12 month period, had theCustomer remained with the Existing Supplier on its existing product (but at the new prices for that product that would have applied, and the Customer’s actual consumption, for those 12 months).
Should Zembl conclude that the Customer did not indeed save money as a result of using the Zembl service, then Zembl will provide the Customer with $100 off their next energy bill.
15. Amending these Terms
Zembl may amend these Terms from time to time, to reflect Zembl’s reasonable business needs, by updating the Site. Any amendment will apply to Services provided after the date of publication.
What is Do It For You (DiFY)?
DiFY is Zembl’s unique auto renewal service designed to save the time and hassle of needing toshop around for energy deals ever again.
How does Do It For You (DiFY)work?
You can choose to sign up to DiFY when switching to a 24 month energy contract with us. Around one month before the end of that energy contract Zembl will e-mail you with a recommended primary offer and a secondary alternative where available from our panel of retailers. If you like the primary offer, then you don’t need to do anything and we will activate it automatically for you after 10 working days.
If you would prefer the alternative offer, or want to discuss your options further, yousimply just need to get in touch by phone or e-mail. You can opt-out of DiFY at any time. If you don’t think we’ve made it easy for you then you can request our Zembl Assemble Guarantee.
What is the Zembl Assemble Guarantee?
Zembl promises to make it easy for Customers to use the Do It For You service. If, for whatever reason, you consider that Zembl has not delivered to this promise under DiFY, then you can claim against our Zembl Assemble Guarantee. This guarantee entitles you to receive any commission earned by Zembl for that Supply Contract.
To request the Zembl Assemble Guarantee you simply need to get in touch by email at dify@zembl.com.au
TERMS AND CONDITIONS OF COMPETITIONS
Competitions are offered at the generosity of Zembl. The purpose of the competition is to engage you, the business owner / member of staff / or residential customer with current and future promotions of the Zembl service which is aimed at both business and residential electricity customers in Australia. To enable this, we require accurate information so we know who you are.
If you provide obviously inaccurate or spurious information, we reserve the right to not nominate you as a prize winning contender. Equally, if we cannot establish that you are an Australian business or residential electricity customer – typically that means you will have a Australian Business Number (ABN) or AustralianCompany Number (ACN) or
are capable of providing ID such as a Medicare Number – we reserve the right to not nominate you as an entrant in the prize draw.
If you are not an Australian business or residential electricity customer, please do not provide us with your details.
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