GloBird Energy My Account Terms of Use

Agreement

The use of My Account online service is subject to the terms and conditions set out below. Your use of My Account is also subject to the GloBird Energy’ s General Terms of Use By using My Account, you agree to be bound by these Terms of Use and you warrant that you have the necessary capacity to enter into a legal contract. If you do not agree with My Account Terms of Use, you must stop using My Account.

My Account allows you to view and manage certain GloBird products and services that have been linked to your My Account profile.

These Terms of Use relate to GloBird’s My Account only and are separate from the terms and conditions of your retail contract.

Confidentiality and security

My Account is a free service provided to you as a customer of GloBird Energy.

To access My Account:

• you must be the primary account holder for the electricity or natural gas service or be authorised by the primary account holder to have access; and
• you will require a login and password.

You are solely responsible for:

• the confidentiality and use of your password,
• any communications entered into or payments made through this service using your password,
• providing correct and true information; and
• the security of the device you use to access our website, including the use of security software.

We will take reasonable steps to ensure My Account is secure. However, we cannot guarantee that your use of the online service is secure or confidential. Information transmitted over the internet may not be secured and it is possible for any electronic data (including credit card information) be intercepted by others.

Your use of My Account

When you use My Account, you must not:

• use My Account for any unlawful purpose;
• create or impersonate another person or misrepresent your or their authority to act;
• undermine or attempt to undermine the security or integrity of the computing systems or networks relating to or associated with My Account or GloBird Energy’s IT system;
• attempt to gain, or allow others to gain, unauthorised access to such computing systems;
• attempt to decompile, or reverse-engineer any part of My Account or to obtain unauthorised access to My Account or portions of My Account that are restricted from general access or which you do not have access to as a user; and
• transmit any material in violation of law or rights of any person, including material protected by copyright, material that is threatening or obscene, material that is defamatory or material protected by trade secrets or privacy.

Changing, suspending and terminating My Account Terms of Use or My Account

You may terminate your My Account at any time. If you want to do so, you must notify us at cs@globirdenergy.com.au

GloBird Energy may change, suspend or terminate the My Account Terms of Use or My Account at any time.

We also reserve the right to terminate or suspend your My Account if:

1. you have not used My Account for more than 12 months
2. a period of 60 days after your last account with us was closed
3. you fail to comply with the GloBird Energy’s My Account Term of Use or our General Terms of Use (as they apply to your use of My Account)
4. we suspect or have evidence that your My Account is being used to compromise the security of any of GloBird Energy’s IT systems.

We will try to notify you in advance if we suspend or terminate your My Account, or change it in a way we consider that will have a material adverse impact on you.

Any change, suspension or termination of the My Account Terms of Use or My Account will not affect the supply of electricity or gas to your supply address.

Our liability

GloBird Energy acknowledge that you have non-excludable rights under the Australian Consumer Law that may apply to My Account. Subject to these non-excludable rights, we do not warrant or represent that My Account is complete, accurate, current or free from errors or omission, programming bugs or viruses.

The availability of the My Account online service may be subject to numerous factors, including routine maintenance and factors outside our control. Accordingly, we do not warrant or represent that the availability of My Account will be continuous or uninterrupted, that any defects will be corrected, or that My Account and any associated systems are free of viruses.

Except as expressly provided by law, we are not liable for:

• loss or damage that was not reasonably foreseeable.

• loss or damage that was not caused by our breach of statutory guarantee or contract or by our negligence.
• loss or damage that was caused by your breach of contract or your negligence.
• loss or damage caused by events outside our reasonable control.
• business losses (including, but not limited to lost data, lost profits or business interruptions)
• indirect or consequential loss or damage.

My Account has functionality that may let you explore your energy profile, including energy usage and usage charges, account balances and other information or representations displayed in My Account. These are indicative only and should be used as a guide only. Any information provided in My Account may differ from the bill we issue to you via other means, such as email or post. If there is a discrepancy between the bill you accessed through My Account and the bill issued to you via other means, the bill issued to you via other means will prevail.

Copyright

The material in My Account is owned by GloBird Energy and/or its service providers and is protected by copyright.

Jurisdiction

This agreement is governed by the laws of the State of Victoria, Australia. By using this service, you agree to submit to the jurisdiction of the courts in Victoria.