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Terms and Conditions

Hello. You’ll find that this page contains all the terms and conditions that are relevant to customers on The People’s Grid. These include:

If you’re looking for anything else, take a look at the Support page which also contains telephone and email contact details if you need to get in touch.

Terms of Use ("Terms")

IMPORTANT – Please read these Terms of Use (carefully before using The People's Grid.

These Terms of Use, together with our Policies (Terms) are a legal binding agreement between Oxamii Pty Ltd (ACN 619 858 712) (us, we, or our) and you, the person that accesses or uses the Services (you or your).

These Terms govern your use of The People's Grid and any related services provided via the Website located at https://thepeoplesgrid.com (the "Service") operated by us.

By accessing and using the Services, you agree to abide by these Terms and to comply with all applicable Laws. If you do not agree with these Terms, you are prohibited from using or accessing the Services or using any other services provided by us.

We, reserve the right to review and amend any of these Terms at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms will take effect immediately from the date of publication.

These Terms were last updated on 31 October 2021.

What is The People's Grid?

Put simply, The People's Grid is a platform that connects households, businesses, community groups and energy generators onto a people-powered grid.

The Services you receive from us will differ depending on the type of User you are. Currently, The People's Grid has three user types, being “End-Customer”, “Generator and “Prosumer”.

As part of signing up to The People's Grid you will be asked a number of questions by us so that we can classify your “User” type. Based on this information, we will notify you of any additional agreements that you may need to enter into with the Energy Retailer in order for you to have access to and use of the Services (Additional T&Cs).

For example:

  1. if you only wish to purchase electricity from The People's Grid for your household, you will be classified by us as a "End-Customer" and you will be required to agree:
    1. these Terms, to the extent that they apply to you as a End-Customer;
    2. our Policies, which can be found here https://www.thepeoplesgrid.com/terms; and
    3. the Electricity Retail Contract with the Energy Retailer, which can be found here https://www.thepeoplesgrid.com/market-retail-contract.
  2. if you wish to sell electricity generated by your renewable generation facility to The People's Grid, you will be classified by us as a "Generator" and you will be required to agree:
    1. these Terms to the extent that they apply to you as a Generator;
    2. our Policies, which can be found here [insert link]; and
    3. the Power Purchase Agreement with the Energy retailer, which can be found here [insert link].
  3. if you wish to purchase electricity from The People's Grid for your household and sell electricity from your renewable generation facility to The People's Grid, you will be classified by us as a "Prosumer" and you will be required to agree:
    1. these Terms to the extent that they apply to you as a Prosumer;
    2. our Policies, which can be found here [https://www.thepeoplesgrid.com/terms];
    3. the Electricity Retail Contract with the Energy Retailer, which can be found here [https://www.thepeoplesgrid.com/market-retail-contract]; and
    4. the Feed-In Agreement with the Energy Retailer, which can be found here [insert link].

We ask that you read each of the Additional T&Cs carefully as they create legally binding agreements between you, us and the Energy Retailer.

During the signing up process we will send you the Additional T&Cs which are relevant to you via your nominated email address.

If you are required to accept the Electricity Retail Contract, the Power Purchase Agreement and/or the Feed-In Agreement with the Energy Retailer, you acknowledge and agree that:

  1. your obligations under your Electricity Retail Contract, Power Purchase Agreement and/or the Feed-In Agreement with the Energy Retailer will be a separate legal and binding contract between you and the Energy Retailer;
  2. you will be provided with a summary of your key obligations and rights under the Electricity Retail Contract, the Power Purchase Agreement and/or the Feed-In Agreement at the time of signing up in a document called "Your Energy Plan Details";
  3. you will be entitled to cancel the Electricity Retail Contract, the Power Purchase Agreement and/or the Feed-In Agreement at any time and at no cost to you;
  4. you agree to pay the fees and charges (as identified in Your Energy Plan Details) to the Energy Retailer in accordance with the Electricity Retail Contract, the Power Purchase Agreement and/or the Feed-In Agreement;
  5. the Energy Retailer will arrange for the installation of a smart meter at you address (at no cost to you) if you do not have one; and
  6. you appoint the Energy Retailer to be the entity that sells electricity to, and/or purchases electricity from you to you at your address.

What do I need to do to Sign Up to The People's Grid?

As stated above, in addition to agreeing these Terms and our Policies, you will also need to agree each of the Additional T&Cs as advised by us with the Energy Retailer.

Your access to and use of the Services (including The People's Grid) is conditional on your acceptance of and compliance with the Terms, our Policies and any Additional T&Cs.

If you disagree with any part of these Terms, our Policies or the Additional T&Cs then you may not access or use the Services (including The People's Grid).

Community Collectives

If you wish to become a member of the Community Collective, you may do so by accepting the terms and conditions of the Community Offering, which will be set out on your Community Collective’s ‘Home Page Portal’ on our Website. This may include you agreeing to pay the Membership Fee to the Community Collective.

Membership of a Community Collective is voluntary and is not a condition on us providing the Services to you.

You acknowledge and agree that:

  1. you will review and make your own assessment and verification of any advice, suggestions, recommendations or other information made available through a Community Collective and you must not rely (in whole or in part) on such advice, suggestions, recommendation or other information; and
  2. we are not responsible for any advice, suggestions, recommendation or other information provided through a Community Collective, including any advice, suggestions, recommendations or other information provided by Community Collectives or other third parties.

When do the Services start?

These Terms start on the date that you agree them as part of the signing up process.

However, your access to and use of the Services will only commence once you have satisfied any pre-conditions in these Terms and/or the Additional T&Cs. We will notify you of any pre-conditions when you have completed the signing up process. For example, if you are required to enter into the Electricity Retail Contract with the Energy Retailer:

  1. you will be entitled to a 10 business day cooling off period;
  2. you will be required to have a smart meter installed at your address (at no cost to you) (which may take up to 3 weeks);
  3. if the Energy Retailer is not your current electricity retailer, your meter will need to be transferred to the Energy Retailer (which may take up to 2 weeks).

Your access to and use of the Services will commence on the date that each of the above conditions have all been satisfied.

When do the Services end?

If you decide that you no longer wish to receive the Services from us, you can elect to terminate these Terms at any time and at no cost to you by providing us with 20 business days notice via email [email protected].

We may suspend or terminate your right to use the Services (including The People's Grid) and terminate these Terms immediately upon written notice to you for any breach of these Terms by you.

As the Additional T&Cs are separate legal contracts between you and the Energy Retailer, any termination of these Terms (either by us or you) will not affect the validity of those Additional T&Cs.

However, as your access to and use of the Services (including the Peoples’ Grid) is conditional on you agreeing to the Additional T&Cs, any termination by you or the Energy Retailer of any of the Additional T&Cs will mean that we will not be able to provide the Services to you.

You can elect to terminate any of the Additional T&Cs with the Energy Retailer at any time and at no cost to you by providing us and the Energy Retailer with 20 business days notice via email [email protected].

If you or the Energy Retailer cancel any of your Additional T&Cs (including the Electricity Retail Contract, Power Purchase Agreement and/or the Feed-In Agreement) we will not be able to provide the Services to you and these Terms will automatically terminate (at no cost to you) on the date that any of your Additional T&Cs are terminated or come to an end.

What will happen if these Terms are terminated?

On termination of these Terms for any reason:

  1. all rights granted to you under these Terms shall cease;
  2. you must cease all activities authorised by these Terms;
  3. you will lose all rights to access the Services; and
  4. you agree that we may cease providing you with access to the Services.

Upon termination of these Terms, you will be entitled (following a written request to us) to export any Customer Data that has been inputted by you into The People's Grid. You acknowledge and agree that we have no obligation to retain any information relating to you (including Customer Data) and that all such information may be irretrievably deleted by us after six months from the date of any suspension, termination or expiry of these Terms.

How much will I pay and how?

As stated above your access to and use of the Services (including The People's Grid) is conditional on your acceptance of and compliance with these Terms with us and any Additional T&Cs with the Energy Retailer, which may include:

  1. the Energy Retailer Contract, if you are an End Customer;
  2. the Power Purchase Agreement, if you are an Generator;
  3. the Energy Retail Contract and Feed-In Agreement, if you are an Prosumer; and
  4. the terms and conditions of a Community Collective, if wish to become a member of a Community Collective.

You acknowledge and agree that each of the Additional T&Cs that you agree will be a separate legal contract between you, us and the Energy Retailer. This means you will be required to pay the fees and charges that are payable by you to the Energy Retailer and/or Community Collective under the Additional T&Cs.

As part of the signing up process, the fees and charges payable by you under these Terms and the Additional T&Cs will be set out in Your Energy Plan Details. These fees and charges may be amended by the Energy Retailer at any time, provided they give you 20 business days notice via email. If you do not wish to accept any change to the Energy Retailer’s fees and charges, you may elect to terminate the Energy Retail Contract at no cost to you, by giving us and your Energy Retailer 20 business days notice via email at [email protected]. Please refer to section 6 for further important information regarding the consequences of any termination of the Energy Retail Contract.

In consideration of us providing the Services to you, you agree to pay to us the “Service Fee”, which will be the amount set out in Your Energy Plan Details and may be amended by us at any time, provided we give you 20 business days notice via email (Services Fee). If you do not wish to accept any change to the Service Fee, you may elect to terminate these Terms at no cost to you, by giving us 20 business days notice via email [email protected].

If you agree to be a member of a Community Collective, you agree to pay a membership fee to your chosen Community Collective (Membership Fee). The amount of the Membership Fee will be set out in Your Energy Plan Details and may be amended by the Community Collective at any time, provided they give you 20 business days notice via email. If you do not wish to accept any change to the Membership Fee, you may elect to terminate your membership with the Community Collective at no cost to you, by giving the Community Collective 20 business days notice via email.

Any termination of your membership with a Community Collective will not affect the validity of these Terms or any Additional T&Cs, as you do not need to be a member of a Community Collective in order to access and receive the Services from us.

You acknowledge and agree:

  1. to pay to the Energy Retailer the fees and charges that are payable by you for the use of electricity at your address in accordance with the Electricity Retail Contract (as amended from time to time);
  2. the terms and conditions (including the applicable fees and charges) governing the purchase of electricity from you by the Energy Retailer at your address are set out in the Power Purchase Agreement and/or the Feed-In Agreement that you agree with the Energy Retailer (as amended from time to time);
  3. the Services Fee and the Membership Fee (if any) are additional to the fees and charges that you will be required to pay to the Energy Retailer for the sale and/or purchase of electricity at your address;
  4. you will not receive a bill directly from us for the Services Fees and/or from the Community Collective for the Membership Fee (if any);
  5. the Services Fee and the Membership Fee (if any) will be included as separate charges on the bill you receive from the Energy Retailer;
  6. to pay the Services Fee and the Membership Fee (if any) to the Energy Retailer in accordance with the Electricity Retail Contract; and
  7. the Energy Retailer pass through to us and/or the Community Collective the amount of the Services Fee and/or the Membership Fee (if any) paid by you.

If you do not pay the Services Fees within 20 business days of the invoice date, then unless the unpaid Service Fees are subject to a good faith dispute between you and us, your account shall be considered past due and we have the absolute right, upon giving you 10 business days notice via email, to suspend the Services to you and/or terminate these Terms.

You acknowledge and agree that:

  1. nothing in these Terms will operate to prohibit, prevent, limit or restrict the Energy Retailer from exercising any right or remedy that it may be entitled under the Electricity Retail Contract, the Feed-In Agreement and/or the Power Purchase Agreement in the event that you fail to pay any amount that is properly due to the Energy Retailer under the Electricity Retail Contract, the Feed-In Agreement and/or the Power Purchase Agreement; and
  2. nothing in these Terms will operate to prohibit, prevent, limit or restrict the Community Collective from exercising any right or remedy that it may be entitled under the Laws and any other arrangement it may have with you, in the event that you fail to pay any amount that is properly due to the Community Collective.

Please refer to section 6 for further important information regarding the consequences of any termination of the Energy Retail Contract, Power Purchase Agreement and/or Feed In Agreement.

How much will I receive for electricity that I generate?

As stated above, if we determine that you are:

  1. a Generator, then in order to sell the electricity generated by your renewable generation facility to The People's Grid, you will need to enter into the Power Purchase Agreement with the Energy Retailer; or
  2. a Prosumer, then in order to sell the electricity generated by your renewable generation facility to The People's Grid, you will need to enter into the Electricity Retail Contract and the Feed In Agreement with the Energy Retailer.

The price payable by the Energy Retailer to you for electricity purchased by the Energy Retailer will be set out in Your Energy Plan Details.

The price payable to you may be amended by the Energy Retailer at any time, provided they give you 20 business days notice via email.

If you do not wish to accept any change to the price payable to you by the Energy Retailer, you may elect to terminate the Power Purchase Agreement and/or Feed In Agreement at no cost to you, by giving us and your Energy Retailer 20 business days notice via email [insert address].

Please refer to section 6 for further important information regarding the consequences of any termination of the Power Purchase Agreement and/or Feed In Agreement.

I’ve signed up – now what?

As a customer of The People's Grid you will have access to the Services from us.

As explained above, the Services you receive will depend on the type of User you are. For example:

  1. as an End Customer, you will be able to access information (including analytics and insights) about your electricity usage via The People's Grid;
  2. as an Prosumer, you will be able to access information (including analytics and insights) about your electricity usage and electricity generation via The People's Grid; and
  3. as a Generator, you will be able to access information (including analytics and insights) about your generation via the Peoples’ Grid.

You acknowledge that the type, extent and availability of information displayed on The People's Grid may be changed, modified or varied by us at any time.

What can’t I do?

By having access to and use of the Services, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software that are contained on our Website and/or form part of the Services;
  2. remove any copyright or other proprietary notations from any materials and software that are contained on our Website and/or form part of the Services;
  3. transfer the materials to another person or “mirror” the materials on any other server;
  4. knowingly or negligently use our Website, the Services or any associated services in a way that abuses or disrupts our networks or any other service we provide;
  5. use our Website, the Services or any associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  6. use our Website, the Services or any associated services in violation of any applicable Laws;
  7. use our Website in conjunction with sending unauthorised advertising or spam;
  8. harvest, collect or gather user data without the user’s consent; or
  9. use our Website, the Services or any associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Your Data and Privacy

As part of the signing up process we will require you to create an account and a ‘Profile’, which will include your Personal Information, such as your name, address, details of your electricity consumption/generation at your address (Profile Information). At any time during these Terms you can elect for your Profile Information to be visible (ie public) or invisible (ie private) on our Website. The choice is yours, either way you will still receive the same Services from us regardless. All we ask is that you tell us your preference.

In addition, we and our third party service providers, including the Energy Retailer may also require you to provide additional Personal Information, such as your date of birth and other information to confirm your identity.

Your privacy is important to us and we undertake to comply with the Privacy Laws in the course of providing the Services to you.

Our Privacy Policy explains how we store and use, and how you may access and correct your Personal Information, how you can lodge a complaint regarding the handling of your Personal Information and how we will handle any complaint.

By providing your Personal Information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy.

You also expressly acknowledge and consent to:

  1. us sharing, transferring and disclosing Personal Information provided by you with our Related Bodies Corporates, the Energy Retailer and third party service providers to the extent required in providing access to, maintaining and servicing our Website or the Services or providing the Services or any service contemplated by the Additional T'Cs; and
  2. such Related Bodies Corporates, the Energy Retailer or third party service providers storing and processing such Personal Information provided by you on servers that may be located outside of Australia (including, but not limited to, servers located in the United States, Singapore, United Kingdom or India).

Confidentiality

You or us must not disclose, or use for a purpose other than as contemplated by these Terms, any Confidential Information unless you or us are expressly permitted under these Terms to do so.

You or us may disclose any Confidential Information:

  1. to each other;
  2. under corresponding obligations of confidence, to Related Bodies Corporate and employees, legal advisors or consultants of such persons;
  3. which is at the time lawfully in the possession of the proposed recipient of the Confidential Information through sources other than you or us, or a Related Body Corporate;
  4. in enforcing these Terms or in a proceeding arising out of or in connection with these Terms;
  5. if required under a binding order of a Court or Tribunal or under a procedure for discovery in any proceedings;
  6. if required under any Law or any administrative guideline, directive, request or policy whether or not having the force of law, including the rules of any securities exchange;
  7. as required or permitted by these Terms;
  8. to its legal advisers, its insurers and its consultants; or
  9. with the prior written consent of you or us (as the case may be).

Publicity

You agree that, notwithstanding the Confidentiality provision above, we may in any marketing or other material used by us:

  1. disclose to third parties the fact that you have entered into these Terms with us; and
  2. use de-identified information about you.

For the avoidance of doubt, marketing material may include (but is not limited to) case studies regarding you or your involvement with us, however we will only identify you in marketing material (including in case studies) with your prior written consent.

Ownership of Intellectual Property

  1. We retain all ownership and use rights in our Website and the Services (including the People’s Grid). Our Website and the Services (including the People’s Grid) are subject to protection under the copyright and or trade secret laws, where applicable, and other intellectual property laws of Australia and other jurisdictions. The rights granted to you under these Terms are limited to use of, and access to, our Website and the Services (including the People’s Grid).
  2. Notwithstanding anything to the contrary express or implied, these Terms do not operate to grant to you a licence (implied or otherwise) in respect to any part of our Website or the Services (including the People’s Grid) or to any other of our proprietary information, documentation, record (or to any part, portion or aspect thereof). We or our suppliers own all rights in and to our Website and the Services (including the People’s Grid) and have full power and authority to grant the rights set out in these Terms, and we retain all rights not specifically granted to you in these Terms.
  3. We acknowledges that you own or license all rights, title and interest in the Customer Data (including any Intellectual Property Rights), and that these Terms do not transfer ownership of any such right, title or interest of you or any third party.
  4. You also expressly acknowledge and consent to:
  5. us sharing, transferring and disclosing Customer Data provided by you with our Related Bodies Corporates, the Energy Retailer and third party service providers to the extent required in providing access to, maintaining and servicing our Website or providing the Services or any service contemplated by the Additional T'Cs; and
  6. such Related Bodies Corporates, the Energy Retailer or third party service providers storing and processing Customer Data provided by you on servers that may be located outside of Australia.

This clause survives termination of these Terms for whatever reason.

Customer Data and Derivative Materials

You acknowledge and agree that:

  1. we may access, use, adapt, modify, reproduce, reformat, transform, and process the Customer Data, to the extent necessary to provide the the Services and to otherwise carry out our obligations under these Terms;
  2. we may create Derivative Materials from the Customer Data, including by combining Customer Data with other information collected or otherwise obtained by us, but only provided that the Derivative Materials do not incorporate Customer Data or your Confidential Information in a form that could reasonably identify any individual, including you;
  3. we may use information about you, or information about your use of the Services, for the purposes of improving the Services, detecting and addressing threats to the functionality, security, integrity and availability of the Services, detecting and addressing breaches of these Terms or any of our other policies and to help us to resolve your service requests; and
  4. any existing or future Intellectual Property Rights in any Derivative Materials vest in us absolutely. You agree to assign, and procure the assignment of, such Intellectual Property Rights in any Derivative Materials to us immediately on their creation.

If we become aware of any unauthorised access to, use or disclosure of, or breaches of security in relation to, any your Customer Data or Personal Information in connection with our provision of the Services, we will:

  1. immediately notify you in writing and provide you with all details of the act or breach;
  2. co-operate and comply with your reasonable directions in relation to such event; and
  3. promptly take all reasonable steps to rectify or remedy such breach where possible.

This clause survives termination of these Terms for whatever reason.

Our liability to you and your liability to us

  1. We shall defend, hold harmless and indemnify you from and against any Loss suffered or incurred by you arising out of or in connection with any Claim that the Services infringe any Intellectual Property Right or other right of any third party, except to the extent that such Loss is caused or contributed to by an act or omission of you or your personnel.
  2. You must defend, hold harmless and indemnify us, our Related Bodies Corporates and our employees, contractors, servants and agents (the Indemnified Parties) from and against any Loss suffered or incurred by the Indemnified Parties arising out of or in connection with:
    1. any breach of these Terms and the Additional T&Cs by you;
    2. any Claim by any person in connection with any data used or disclosed by us in connection with these Terms and the Additional T&Cs;
    3. any Claim by any person that is connected with your use of the Services or any service contemplated by the Additional T&Cs; or
    4. any loss or damage to property arising out of or otherwise in connection with any wrongful act or omission of you.
  3. For all claims of damages during any twelve (12) month period relating to our performance under these Terms, including penalties and interest, and regardless of the form of claim or action, whether in contract, tort, strict liability or otherwise, including without limitation, claims regarding the Services or work product, any other undertakings promised herein or for any error or other breach of our obligations under these Terms, our total liability shall not exceed an amount equal to the fees paid by you to us under this these Terms for the Services which forms the basis of such claim(s), during such twelve (12) month period. In the event that these Terms has been in effect for less than twelve months, then such liability shall be reduced proportionately to correspond to the expired period of these Terms.
  4. To the maximum extent permitted by Law, in no event shall we be liable for:
    1. indirect, exemplary, incidental, special or consequential damages or costs, including lost or damaged data; loss of profit or goodwill, whether foreseeable or not, even if we has been advised of the possibility of such damages;
    2. penalties, interest or taxes assessed by a taxing authority;
    3. third party claims against us or you;
    4. damages to the extent
    5. they arise because you has failed to perform your responsibilities under these Terms or the Additional T&CS; and
    6. any Loss suffered or incurred by you arising out of or in connection with your access to or use of the Services or any service contemplated by the Additional T&Cs.
  5. The Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) (“the CCA”) provide certain guarantees to particular types of consumers and in particular circumstances. These guarantees and rights may provide you with rights that cannot be excluded. For the avoidance of doubt, nothing in these Terms excludes, restricts or modifies such non-excludable rights and all preceding provisions are to be read subject to the provisions of the CCA.

This clause survives termination of these Terms for whatever reason.

Other important information

Other than the warranties specifically set out in these Terms and other than as required by Law (including the Australian Consumer Law if applicable), you understand and agree that:

  1. you have full power, authority and legal capacity to enter into and perform your obligations under these Terms; and
  2. execution and performance by you of these Terms will not result in a breach of any terms or conditions of any instrument or agreement to which you are a party.
  3. nothing in these Terms or the provision of Services by us to you will operate to require or oblige us (either directly or indirectly) to sell electricity to you and/or purchase electricity from you;
  4. the Energy Retailer will be the entity that sells electricity to you and/or purchases electricity from you at your address;
  5. you have obtained all permits, authorisations, licences, registrations or other approvals that are required or necessary for us to provide any of the Services to you, and if you are not the owner of the premises, you have obtained any consent, authorization, licences or other approvals from the owner of the premises that are required or necessary for us to provide any of the Services to you;
  6. you must provide us any information we reasonably require for the purposes of these Terms and any Additional T&Cs;
  7. you represent and warrant that all information that you provide to us is true and correct and you must not mislead or deceive us in relation to any information that you provide to us;
  8. you must promptly tell us if information you have provided to us changes, including your billing address or if your consumption or generation of electricity materially changes;
  9. we do not represent, warrant or accept any liability in relation to the accuracy, currency, reliability or quality of the Services or any service contemplated by the Additional T&Cs, or any advice, suggestions, recommendations or other information contained within the Services or any service contemplated by the Additional T&Cs;
  10. we do not represent or warrant that the Services or any service contemplated by the Additional T&Cs, or any advice, suggestions, recommendations or other information contained within the Services or any service contemplated by the Additional T&Cs, are free from errors or omissions, or that they are exhaustive and their use will be uninterrupted;
  11. we disclaim any warranties, representations or endorsements, express or implied, with regard to the Services or any service contemplated by the Additional T&Cs, or any advice, suggestions, recommendations or other information contained within the Services or any service contemplated by the Additional T&Cs, including all implied warranties of suitability, merchantability, fitness for a particular purpose, or non-infringement;
  12. you have accepted the Service provided ‘AS IS” and “WHERE IS’ and you waive all other related warranties, express or implied, including without limitation, any implied warranty of merchantability, fitness for an intended or particular purpose, time of performance or otherwise;
  13. you assume sole responsibility and entire risk as to the suitability and results obtained from use of the the Services or any service contemplated by the Additional T&Cs, and any decisions made or actions taken based on the information contained in or generated by the Services or any service contemplated by the Additional T&Cs;
  14. we have no responsibility to any person other than you and nothing in these Terms & Conditions confers, or purports to confer, a benefit on any person other than you;
  15. we are not reasonable for or obliged to examine the veracity, accuracy or completeness of any information published on our Website (or any third party website) by a User or third party in relation to the Services and any service contemplated by the Additional T&Cs;
  16. that results obtained from use of the and Services or any service contemplated by the Additional T&Cs: (i) will not, under any circumstances, be considered professional advice (including tax, legal or accounting advice) and it would be advisable for you to obtain such advice from your professional advisor, (ii) are not meant to replace sound professional judgment or individualised attention of such professional advisors or your circumstances.

No reliance on Collaborator input

We may, from time to time, collaborate with third parties (including the Energy Retailer and Community Collectives) to develop new features or services for the Services, which may include advice, suggestions, recommendations or integration with third party services (Collaborators).

You acknowledge and agree that:

  1. you will review and make your own assessment and verification of any advice, suggestions, recommendations or other information made available through the the Services and you must not rely (in whole or in part) on such advice, suggestions, recommendation or other information; and
  2. we are not responsible for any advice, suggestions, recommendation or other information provided through the Services, including any advice, suggestions, recommendations or other information provided by Collaborators or other third parties.

Force Majeure

We will not be liable for any damages or injury caused by any delay in or failure or defect of performance of any part of the Services under these Terms or any other service contemplated by the Additional T&Cs, or be liable for any other consequences, damage, injury or loss, caused by or resulting from any act, event, occurrence, or cause beyond its reasonable control, including without limitation, failure of telecommunications or Internet services, war, vandalism, sabotage, terrorism, accidents, pandemics, epidemics, quarantines, fires, explosions, earthquakes, floods, strikes, labour disputes, shortages or delays in obtaining suitable material, labour or transportation, interruption of utility services, acts of any government unit or agency thereof, or acts of the other party, or any similar cause.

Variation

We may make changes to the terms and conditions of these Terms from time to time to accommodate changes in Law or business practice. If we makes such changes, we will notify you in writing before such changes take effect. Your acceptance of further goods and services and/or payment of any fee or charge due after the date you are notified of a change is deemed acceptance of those changes. If you do not want to accept the changes, you are entitled to terminate any these Terms by notice (via email) to us within 20 business days days after receiving notice of the relevant changes.

Updates

We may make Updates to our Website, The People's Grid and the Services from time to time. Such Updates will be deemed to form part of these Terms.

Complaints and Dispute Resolution

If you have a complaint regarding the provision of any Service by us to you, or these Terms generally, you may lodge a complaint with us in accordance with our standard complaints and dispute resolution procedures.

Our standard complaints and dispute resolution procedures are published on our Website.

General

  1. You may not assign or transfer any rights under these Terms to any other person without our prior written consent.
  2. Any notice given under these Terms by:
    1. you to us, must be in writing and sent via email to [email protected] and will be deemed to have been received by us when you received an automated message confirming delivery;
    2. us to you, must be in writing and sent via email to your nominated email address and will be deemed to have been received by you when we received an automated message confirming delivery;
  3. These Terms contain the entire understanding between the us and you with respect to the access to and use of the Services and supersedes all other agreements between us and you with respect to the subject matter herein.
  4. You acknowledge and agree that no representations have been made by us to you other than as expressly set forth in these Terms, and that you have not relied on any representations not expressly set forth herein.
  5. No failure to exercise or delay in exercising any right, power or remedy under these Terms operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
  6. Should any part of these Terms be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that portion shall be deemed null and void and severed from these Terms for all purposes and the remainder of these Terms shall remain in full force and effect.
  7. These Terms shall be governed by and construed in accordance with the law of South Australia (without regard to principles of conflicts of law). You and us expressly and irrevocably consent to the exclusive jurisdiction of the courts of South Australia for the purpose of any action relating to these Terms and expressly and irrevocably waives, any objection which it may have to the laying of venue of any action brought in any court and any claim that any action has been brought in an inconvenient forum.

Definitions and Interpretation

Definitions

The following definitions apply unless the context requires otherwise.

Australian Consumer Law means schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means a weekday on which banks are open in Adelaide, South Australia.

Claim means, in relation to a party, a demand, claim, action or proceeding made or brought by or against the party, however arising and whether present, unascertained, immediate, future or contingent.

Community Collective means a community group or collective that has entered into an agreement with Us and the Energy Retailer to establish, create, offer, manage and operate a private and/or public ‘offering’ Users and which such offering will be hosted on our Website.

Confidential Information means all information of a confidential nature, in any form whether tangible or not and whether visible or not, disclosed or communicated by a party to the other, or learnt or accessed by, or to which the other party is exposed as a result of entering into these Terms and includes, without limitation, any information and material concerning the contractual or commercial dealings, financial details, products or services (current or proposed), customers, employees, internal policy, the Intellectual Property Rights of a party or dealings under these Terms.

Customer Data means any data that is inputted into The People's Grid, or provided to us, by or on behalf of you, or at your request.

Derivative Materials means materials, data and insights derived or created by or on behalf of us in accordance with these Terms, which are based on, or created or derived from, the Customer Data.

End-Customer has the meaning given to that term in clause 1.

Electricity Retail Contract means the Energy Retailer’s electricity retail contract to be agreed between:

  1. the Energy Retailer and a End-Customer; or
  2. the Energy Retailer and a Prosumer,
  3. as amended from time to time.

Energy Retailer means Maximum Energy Retail Pty Ltd (ACN 632 900 139) trading as Circular Energy.

“Feed-In Agreement” means the Energy Retailer’s feed-in agreement to be agreed between the Energy Retailer and a Prosumer (as amended from time to time.

Generator has the meaning given to that term in clause 1.

Intellectual Property Rights means all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software), trade mark, service mark, design, patent, trade secret, semi-conductor or circuit layout rights, trade, business, domain or company names, Moral Rights, rights in Confidential Information, know how or other proprietary rights (whether or not any of these are registered and including any application, or right to apply, for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.

Law means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles, requirements and determinations, mandatory codes of conduct, writs, orders, injunctions and judgments.

Loss means all losses, liabilities, fines, penalties, damages and claims, and all related expenses (including any and all legal fees on a solicitor and client basis, and costs of investigation, litigation, settlement, judgment, appeal, interest and penalties).

"Moral Rights" has the meaning given under the Copyright Act 1968 (Cth) and includes any similar rights existing in other countries.

"Power Purchase Agreement" means the Energy Retailer’s power purchase agreement to be agreed between the Energy Retailer and a Generator (as amended from time to time).

Personal Information means "personal information" as defined in the Privacy Act.

Personnel means in respect of a party any employee, contractor, servant, agent, or other person under that party’s direct or indirect control and includes any sub-contractors.

Policies means any policy, code of conduct or guidelines developed by us and which are available at [insert url], as amended from time to time.

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Laws means:

  1. the Privacy Act;
  2. the Spam Act 2003 (Cth);
  3. any legislation (to the extent that such legislation applies to either party) from time to time in force in any Australian jurisdiction (which includes the Commonwealth of Australia and any State or Territory of Australia) affecting privacy or the collection, handling, storage, processing, use or disclosure of data; and
  4. any ancillary rules, guidelines, orders, directions, directives, codes of conduct or other instruments made or issued pursuant to that legislation, as amended from time to time.

Privacy Policy means the privacy policy of us available at https://thepeoplesgrid.com/privacy-policy , as amended from time to time.

Prosumer has the meaning given to that term in clause 1.

Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth).

Terms means this document together with our Policies as amended from time to time by us.

Update means any update or upgrade to the Services and the Website from time to time.

User means you in the context of you having access to and use of the Services as a End-Customer, Generator and/or a Prosumer.

Website means the Internet site at the domain https://thepeoplesgrid.com or any other site operated by us.

Interpretation

The following rules apply unless the context requires otherwise:

  1. headings are for convenience only and do not affect interpretation;
  2. the singular includes the plural, and the converse also applies;
  3. nothing in these Terms are to be interpreted against a party solely on the ground that the party put forward these Terms or a relevant part of it;
  4. if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
  5. a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;
  6. a reference to a clause or Schedule is a reference to a clause of, or Schedule to, these Terms;
  7. a reference to an agreement or document (including a reference to these Terms) is to the agreement or document as amended, supplemented, novated or replaced, except to the extent prohibited by these Terms or that other agreement or document;
  8. a reference to a party to these Terms or another agreement or document includes the party's successors, permitted substitutes and permitted assigns (and, where applicable, the party's legal personal representatives);
  9. a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;
  10. a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in visible or tangible form;
  11. a reference to conduct includes an omission, statement or undertaking, whether or not in writing;
  12. a reference to an agreement includes any undertaking, deed, agreement and legally enforceable arrangement, whether or not in writing, and a reference to a document includes an agreement (as so defined) in writing and any certificate, notice, instrument and document of any kind;
  13. mentioning anything after includes, including, for example, or similar expressions, does not limit what else might be included;
  14. a reference to dollars and $ is to Australian currency; and
  15. a month means a calendar month.

Solar Feed-In Agreement

For those customers who generate their own power through a residential solar installation, please refer to the following solar feed-in agreements that outline the terms and conditions:

Concessions & Rebates

If you hold an eligible concession card, we may be able to claim concessions from the state or federal governments on your behalf. Find out if you are eligible for government concessions, rebates or grants by calling us at 1300 20 44 62 or emailing us at [email protected] .

Centrelink Confirmation e Services (CCeS) Consent

To determine the eligibility of your concession card, we will verify your card through Centrelink Confirmation e Services (CCeS). By providing your concession card details, you authorise us (Circular Energy) to use Centrelink Confirmation e Services to perform a Centrelink/DVA enquiry of your Centrelink or Department of Veterans’ Affairs customer details and concession card status to enable the business to determine if you qualify for an energy concession. Services Australia (the agency) will then provide the results of that enquiry to us. Please understand that the agency will disclose personal information to us including your name, address and concession card type and status to confirm your eligibility for relevant energy concession. This consent, once agreed to, remains valid while you are a customer here at Circular Energy unless you withdraw it by contacting us or the agency. You can get proof of your circumstances/details from the agency and provide it to us so your eligibility for relevant energy concession can be determined. If you withdraw your consent or do not alternatively provide proof of your circumstances/details, you may not be eligible for the energy concession we provide.

Complaints Policy

We strive to provide excellent customer service, however there may be occasions when our service does not meet the high standards we set out for ourselves This policy governs how Circular Energy (the energy retailer working in partnership with The People’s Grid) handles complaints you may wish to raise with us in these situations. The objective of this policy is to embed an effective, fair and efficient complaint handling process. View the policy here.

Customer Hardship Policy

This policy sets out the principles and procedures relating to customer hardship as well as the rights customers have under Australian Energy Law and other legislation. View the policy here.

Life Support Information

Please refer to the following document for more information if you or anyone at your home or business relies on life support equipment. Please also find below links to life support concession and application forms for each state:

Ombudsman

Here are all the contact details if you require to contact the Ombudsman in your state:

NSW
Energy and Water Ombudsman NSW (EWON)
Phone: 1800 246 545 Web: www.ewon.com.au

Queensland
Energy and Water Ombudsman QLD (EWOQ)
Phone: 1800 662 837 Web: www.ewoq.com.au

South Australia
Energy Industry Ombudsman SA (EWOSA)
Phone: 1800 665 565 Web: www.ewosa.com.au

Victoria
Energy and Water Ombudsman VIC (EWOV)
Phone: 1800 500 509 Web: www.ewov.com.au

Western Australia
Energy and Water Ombudsman WA (EWOWA)
Phone: 1800 754 004 Web: www.ombudsman.wa.gov.au/ewowa

ACT
ACT Civil and Administrative Tribunal (ACAT)
Phone: 02-6207 1740 Web: www.acat.act.gov.au