1. These terms and conditions apply
These terms and conditions apply separately and in addition to the terms of your Supply Agreements and our General Website Use Terms and do not vary, waive or replace any of those terms in any way. In the event of any inconsistency between these terms and conditions and any of those other terms, these terms and conditions prevail to the extent of the inconsistency as regards your access to or use of My Account.
Subject to clauses 9 and 13, no other terms apply to your access to or use of My Account.
Acceptance by you of these terms and conditions binds you and anyone acting for you or on your behalf (including, but not limited to, any of your employees, officers and agents) to comply with these terms and conditions.
2. Read carefully
You should read these terms and conditions carefully and obtain such independent advice as you require in relation to them.
In the terms and conditions:
- 'Australian Consumer Law' means the Australian Consumer Law which is schedule 2 to the Competition and Consumer Act 2010 (Cth) as in force as a law of the Commonwealth under that Act, and as in force as a law of Western Australia under the Fair Trading Act 2010 (WA);
- 'Consumer' has the same meaning as in the Australian Consumer Law;
- 'My Account' means Synergy's My Account web-based online account services tool, accessed via the Website;
- 'Supply Agreements' means all and any agreements and arrangements you have with Synergy from time to time for or in relation to the supply by Synergy of any electricity, gas or other goods or services to you and your payment for them (including but not limited to any agreed direct debit, instalment or other payment plan or arrangement);
- 'Website Disclaimer' means Synergy's published disclaimer for use of the Website, as amended or replaced from time to time, the current version of which is available by clicking here or the 'Disclaimer' link on the website, or on request from our customer contact centre [13 13 53];
- "we", "our" or "us" means Synergy;
- "you" or "your" means the person who accepts these terms and conditions;
- 'Website' means Synergy's internet website located at www.synergy.net.au, as altered or replaced from time to time.
- Headings used in these terms and conditions are not representations and do not form part of any agreement.
4. Secure sections
My Account and certain information contained in the Website are provided for, and may only be accessed by, our current electricity customers who have registered for use of My Account.
5.User identification and password
You must select a unique user identification and password, which we will use to identify you when you transact business with us via My Account.
You must use your unique user identification and password to:
- Access and use My Account; and
- Enable us to identify you.
6. Password security
- You must keep your unique user identification and password and any record of them secret, secure and protected. You must not disclose your unique user identification and/or password to any third party or use your user identification and/or password for any unauthorised purpose.
- Without limiting your obligations above:
- you must only keep one record of your user identification and password;
- you must keep your record of the user identification, password, account number and confidential identification details you have provided separate and apart from each other;
- do not tell any unauthorised person your user identification and/or password;
- do not allow any unauthorised person to read and/or watch you enter, or hear your user identification and/or password; and
- you must notify us as soon as possible [on 13 13 53] if you become aware of unauthorised access to or use of your user identification, password or other confidential identifying code, or of the loss or theft of a record of any of your user identification and password, or if you suspect that your user identification and/or password have become known to any unauthorised person.
7. Your information
- All information provided by you for or in relation to making use of My Account or the Website or of any information, services or material provided by My Account or the Website must be accurate, complete and not misleading. You must immediately update this information if it changes.
- If any of your information is incomplete, inaccurate or misleading, we may deny you access to My Account or the Website or both.
8. Checking account records
You should check your energy account records and bank account records carefully to reconcile them and promptly report to us as soon as you become aware of any errors, transactions that you did not authorise, or you think may have been made by someone else without your permission.
9. Terms and conditions may change
The only terms and conditions which are binding upon us in relation to your access to or use of My Account are:
- those set out in or expressly incorporated by these terms and conditions; and
- those which are imposed by law and which may not be lawfully excluded.
We may amend or replace these terms and conditions or My Account, in whole or in part, at any time. If we do, we will give you at least 14 days notice of the change through any one or more of the following means (at our discretion): My Account, the Website, in press advertisements, by letter, newsletter, or on your bill.
Either party may terminate your use of My Account at any time by giving at least  days notice.
Our obligation to give you advance notice does not apply if variations or termination are required in an emergency to restore or maintain the security of My Account, any customer data or Synergy data or the Website.
10. What happens when you use My Account or the Website
- We are authorised by you to act and rely upon all instructions given through My Account or the Website or by telephone using your My Account user identification and password. We may, as part of our security procedures, record and retain telephone instructions as evidence.
- You agree that we are authorised to access and use all and any information and data relating to your registration for or access or use of My Account for any purpose specifically relating to the security or operation of My Account or the Website, including but not limited to investigating and resolving any technical issues relating to My Account or the Website.
Transactions made through My Account or the Website or by telephone:
- Are governed by these terms and conditions (including any terms and conditions that relate to direct debits).
- May be processed at our option within 3 business days.
- May be limited to specific amounts.
We may cancel your access to and use of My Account or the Website at any time without notice or any liability to you if we believe any of your user identification and password are being used, or will or are reasonably likely to be used, in a way that will or is reasonably likely to cause loss or damage to you, us or any other user of My Account or the Website.
11. If the website or My Account is offline
It is your responsibility to use other means of effecting transactions and obtaining information if for any reason you are unable to use the Website or My Account.
We undertake to make all reasonable efforts to ensure that the Website and My Account are available to you during the hours specified by us. However from time to time when the Website or My Account is not available or otherwise not fully functional ("offline"), then, subject to clause 13, we are not liable to you for or in connection with:
- failure of the Website or My Account to perform in whole or in part, any function which we have specified it will or may perform or to perform that function in whole or in part to any particular level or standard;
- the unavailability of the Website or My Account to you in whole or in part because of the failure of the communication network, ancillary equipment or any circumstance beyond our reasonable control; or
- delays or errors in the execution of any transaction or instruction because of the communication network, ancillary equipment or any circumstance beyond our reasonable control.
12. Accuracy of information
Subject to clause 13 and in addition to the Website Disclaimer, we will not be under any liability to you (or any of your officers, agents or employees) for any direct or indirect loss or damage (including without limitation consequential loss or damage, loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill and loss due to delay) however caused (including without limitation due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with your use of My Account or the Website or your use of or reliance upon any of the information, services and/or material contained in My Account or the Website or provided by us to you or our negligence or our breach of any of our obligations under these terms and conditions.
13. Exclusions and limitations
The information and data contained in or available at or via My Account or the Website ('Information and Data') is provided or otherwise made available by us in good faith. However, changes or events may occur which cause some or all of the Information and Data to be inaccurate or out of date. Accordingly, in addition to the Disclaimer but subject to the rest of this clause 13, we do not warrant or guarantee in any way the accuracy, completeness or currency of any of the Information and Data, and any reliance by you upon any of the Information and Data is entirely at your own risk.
If you are a Consumer, we may be taken to have given you certain consumer guarantees under the Australian Consumer Law ('Consumer Guarantees') about the supply of goods (including electricity) or services to you. If we fail to comply with any of those Consumer Guarantees, then you may have statutory rights against us under the Australian Consumer Law that we are prohibited by law from excluding, restricting or modifying.
Nothing in these terms and conditions is to be taken to exclude, restrict or modify:
- any rights of recovery or to compensation you may have under the Australian Consumer Law;
- any other rights of recovery or to compensation you may have under law, including, for example, under the code of conduct; or
- any other condition, warranty or guarantee (including the application of any Consumer Guarantee under the Australian Consumer Law),
to the extent that we are prohibited by law from excluding, restricting or modifying them.
All other conditions, warranties and guarantees in relation to any matter (including any rights of recovery or to compensation), whether or not implied by law, are, to the maximum extent permitted by law, excluded. This exclusion applies whether or not you are a Consumer.
Where any goods or services supplied under this contract are not goods or services of a kind ordinarily purchased for personal, domestic or household use, our liability for breach of any Consumer Guarantee applicable to our supply of goods or services under the Australian Consumer Law, to the extent that it is permitted by law, is limited to any one of the following determined by us:
- in the case of goods:
- the replacement or repair of the goods or the supply of equivalent goods; or
- the payment of the cost of replacing or repairing the goods or of acquiring equivalent goods; and
- in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
14. Direct debit service requires separate agreement
My Account or the Website may contain links to websites maintained by other organisations. We have no affiliation with those other websites, do not endorse any material on those other websites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those other websites.
We own copyright in the contents of My Account and the Website. You may access and display these pages on a computer or a monitor, and print out for your personal or internal business use any page or part of any page of My Account or the Website. All other use, copying or reproduction (including reproduction on any other website) of any part of My Account or the Website is prohibited.
We do not represent or warrant that My Account or the Website and any other information or material contained in, downloaded or accessible from or using My Account or the Website, is free from computer viruses (including macro viruses) or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security checks and systems.
My Account and the Website use a feature of your internet browser called a "cookie" to manage security and store report parameter information. If your browser does not support cookies, or you have disabled this functionality, you will be unable to use My Account and the Website.
19. Governing law
The law of Western Australia governs these terms and conditions and your use of My Account and the Website, and you and we submit to the non-exclusive jurisdiction of the Courts of Western Australia and the Federal Court of Australia.