Terms and Conditions

ElectricityWizard‘s Terms and Conditions

“ElectricityWizard” refers to Electricity Wizard Pty Ltd (ABN: 69 628 408 686).

“Linked Sites” links contained on the Website to sites on the WWW owned and operated by third parties and which are not under the control of ElectricityWizard.

“Personal Information” is defined in the Privacy Act 1988 (“Act”) as “any information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion“. Such information may include your name, phone, mail, email, date of birth and other information you choose to provide or required for the purposes of dealing with ElectricityWizard as a customer, potential customer, supplier, job applicant, stakeholder, contractor or in some other capacity.

“Preferred Partner”refers to Electricity Wizard’s Preferred Partners for the time being are set out on the Website and may change from time to time.

“Website” refers to Electricity Wizard’s website, electricitywizard.com.au.

“WWW” refers to the World Wide Web.

Use of Website

The following Terms and Conditions govern your access to and use of the Website. Please read these Terms and Conditions carefully before using the Website.

By accessing and/or using the Website, you agree to be bound by the following Terms and Conditions. The provision by ElectricityWizard of any information, services or other material on the Website (“the Website Content”) to you is expressly conditional on your acceptance without alteration of these Terms and Conditions.

The Website Content gives general guidance regarding electricity costs and the potential to save money on your electricity bills. ElectricityWizard assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Website Content.

As ElectricityWizard considers your privacy to be of paramount importance in operating the Website, Electricity Wizard will comply with its “privacy policy” contained on the Website and forms part of these Terms and Conditions (“Privacy Policy”).

Calling Hours

You hereby explicitly give us permission to call you at any time between 8am and 8:30pm from Monday to Friday and 9am and 6pm on Saturdays.

Service

1. ElectricityWizard makes available to you through the Website (and then its call centre) the service of comparing your current electricity expenses and contract terms to those offered by ElectricityWizard’s Preferred Partners (“the Service”).

2. If you request the Service by submitting your details to ElectricityWizard via the Website, an ElectricityWizard representative will contact you to ask you a list of qualifying questions in order to determine whether ElectricityWizard can assist you either to reduce your electricity costs or obtain more favorable contract terms (“the Questions”).

3. You acknowledge and agree that ElectricityWizard’s assessment of your electricity expenses and contract terms are dependent on the accuracy of your answers to the Questions.

4. In providing the Service, ElectricityWizard will rely solely on the product, pricing and service information provided by its Preferred Partner(s) (“Preferred Partner Information”). Whilst Electricity Wizard uses its best endeavours to ensure the accuracy, completeness and timeliness of the Preferred Partner Information, it may be subject to change and accordingly ElectricityWizard does not guarantee and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of any Preferred Partner Information.

5. ElectricityWizard does not warrant or represent that in providing the Service it bases the information on all or a majority of electricity suppliers. The information available to ElectricityWizard is limited to the Preferred Partner Information of the Preferred Partners.

6. If ElectricityWizard does not believe it can assist you to reduce your electricity bills through its Preferred Partner(s), it may recommend that you make enquiries with a third party electricity supplier which is not affiliated with Electricity Wizard (“Non-Affiliated Supplier(s)”). Electricity Wizard’s recommendation will be based on information obtained directly from the Non-Affiliated Supplier or through the Non-Affiliated Supplier’s website. Electricity Wizard does not guarantee the accuracy, completeness or timeliness of any information relating to a Non-Affiliated Supplier. For the avoidance of doubt, Electricity Wizard makes no representation or warranty in relation to any recommendation provided to you in relation to product, pricing and services of Non-Affiliated Suppliers.

7. If you accept Electricity Wizard’s offer to the supply or transfer of your electricity supply to ElectricityWizard’s Preferred Partner, you acknowledge and agree that ElectricityWizard:

(a) will provide your Personal Information collected from the Website (whether by you completing the online form and/or by telephone) to the Preferred Partner;

(b) will not be a party to your agreement or contract with the Preferred Partner for the purpose of transferring your electricity supply from your current retailer to the Preferred Partner; and

(c) may receive a commission from the Preferred Partner which will be independent to and have no effect on the terms of your contract or agreement with the Preferred Partner.

Accuracy of information contained on Website

Whilst ElectricityWizard endeavours to keep all information on the Website up to date, it does not guarantee the accuracy of information given on the Website. Website Content provides an outline only of Preferred Partner Information and is not intended to provide a comprehensive view. You should check the exact terms and conditions in relation to the particular product before you agree to be bound by the Preferred Partner’s terms and conditions.

Our Assumptions

• Based on the postcode and suburb you provide we assume your distribution zone. This information combined with the rates supplied to us by our suppliers allow us to determine the Estimated Cost for each plan.
• The residential household size assumptions are based on data collected from various sources including the AER (Australian Energy Regulator)^. The business consumption estimates are based on data collected internally.
• If you choose “Unsure” as your meter type to “How are you charged for electricity?” on the About You page, we will assume you have a Single Rate meter.
• We only show the main tariff types for each distributor. There are other tariff types that you may be on, though we are unable to list every single one on the website. Additionally, some suburbs cover multiple distribution zones which may have an impact in our calculations. Please call our call centre to get a more accurate comparison in these regards.

^Source: https://www.aer.gov.au/retail-markets/retail-guidelines-reviews/electricity-and-gas-bill-benchmarks-for-residential-customers-2017

Usage Estimates

• If you don’t have a bill available, we will use your household size to assume how much electricity and gas you use. In addition to this, we assume:
  • Your property has a single rate meter.
  • That your billing cycle is 91 days. The only exception to this is a gas bill in Victoria, which we assume is 60 days.
• We base our estimations off either the data you provide to us or the assumptions we make in the case that you don’t have a bill. This estimation does not take into account the fluctuations of energy usage over an annual period and we do not advise you to annualise the Estimated Cost.

Product Options & Plan Sorting

• By selecting discounts at the Product Options stage you are determining which discounts will be applied to the Estimated Cost of each plan on the Results page.
• By selecting which Product Features you’d like in a plan, and selecting to sort by these Product Features, the plans on the Results page will be sorted based on the features of each plan.
• When selecting to sort by lowest cost, the plans on the Results page will rank from cheapest to most expensive based on the Estimated Cost.
• In the case where two or more plans share the same Estimated Cost or product features, they will be sorted alphabetically on the Results page.

Estimated Cost

• The Estimated Cost has GST applied by default and any discounts selected will also be applied.
• Guaranteed discounts are applied by default, as you will get these discounts regardless.
• The Estimated Cost for each plan is based on both the usage and billing period provided or assumed on the About You page.
• Any credits, bonuses or rebates are not applied to the Estimated Cost. Additionally, we do not include the value of any incentives/free gifts into the Estimated Cost.

Use of Your Personal Information

ElectricityWizardmay collect, process and use your Personal Information in accordance with its Privacy Policy.

You should read ElectricityWizard’s Privacy Policy prior to providing your Personal Information to ElectricityWizard or the Preferred Partner.

By accessing and/or using the Website, you acknowledge and agree that ElectricityWizard may use your Personal Information in accordance with the Privacy Policy.

Copyright

The Website Content is provided to you for information purposes only.

The Website or the Website Content may downloaded only for your personal and non-commercial use provided you do not remove any copyright and trade mark notices contained in the Website Content.

It is expressly prohibited, in relation to the use of the Website, or the Website Content, to:

• re-sell, reproduce or distribute the Website Content in any material form;
• store in any storage media;
• re-transmit any of the Website Content by any medium of communication;
• upload and/or repost the Website Content to any other site on the WWW; or
• modify or copy the layout of the Website or any computer software and/or code contained in the Website,

without the express prior written consent of ElectricityWizard.

No warranties

To the fullest extent permissible by law, ElectricityWizard disclaims any and all warranties, express or implied, guarantee or make any representation that:

(a) the Website or the server that makes the site available on the WWW are free of software viruses. It is your responsibility to protect your data whether by virus scanning or other computer security systems;

(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free;

(c) errors and defects in the Website will be corrected;

(d) the information contained on the Website is complete, true, accurate or non-misleading;

(e) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website in any Website Content and/or of any Linked Sites;

(f) information on this Website constitutes or is meant to constitute advice of any kind.

You are responsible for the choosing to proceed with any Service. If in doubt, you should seek further advice from the Preferred Partner.

Limitation of Liability

ElectricityWizard will not be liable under any circumstances for any loss or damage of any kind recognised by law (whether under contract, tort or otherwise) which arise from:

(a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the Linked Websites;

(b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any Linked Sites;

(c) errors, defects or omissions in the Website;

(d) delays to, interruptions of or cessation of the services provided in the Website or Linked Sites;

(e) defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of ElectricityWizard, its employees or independent contractors, or through any other cause; or

(f) for any other reason permitted by law.

You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a direct or indirect consequence of you accessing the Website.

By using this Website, you agree that the exclusions and limitations of liability set out in these Terms and Conditions are reasonable.

Links to Other Websites

The Website may contain Linked Sites owned and operated by third parties and which are not under the control of ElectricityWizard . If Linked Sites are contained on the Website, ElectricityWizard:

(a) provides the Linked Sites as a convenience to you and the existence of Linked Sites does not imply any endorsement by ElectricityWizard of the Linked Sites; and

(b) is not responsible for the material contained on the Linked Sites.

Variation of Terms and Conditions

ElectricityWizardreserves the right to change these Terms and Conditions without notice to you at its discretion. Please check this page regularly to ensure you are familiar with the current version.

Termination of Access

ElectricityWizardmay terminate access to the Website at any time without notice and in its discretion.

ElectricityWizardhas no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

Relevant Jurisdiction

If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will have not affected the validity and enforceability of any remaining provisions.

These Terms and Conditions will be governed and interpreted in accordance with the law of the State of Victoria.

You agree to the jurisdiction of the courts of the State of Victoria to determine any dispute arising out of these Terms and Conditions.