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Terms and Conditions of Use of the self-service platform

  1. General
    1. ActewAGL Retail, ABN 46 221 314 841, a partnership of AGL ACT Retail Investments Pty Ltd ABN 53 093 631 586, and Icon Retail Investments Limited, ABN 23 074 371 207 (ActewAGL, us, we, our) owns and operates the Self-service Platform.
    2. You agree to be bound by these terms and conditions of use when using the Self-service Platform.
    3. If you do not agree to these terms and conditions of use, you must stop using the Self-service Platform immediately.
    4. These terms and conditions of use do not affect your contractual obligations pursuant to your relevant Contract with ActewAGL or Icon Water.

  2. Eligibility and Registration
    1. The Self-service Platform is a service offered by us for you to manage your ActewAGL Electricity, Gas, and/or ActewAGL appliance payment accounts (“ActewAGL Accounts”) and your Icon Water accounts.
    2. To be eligible to register you must be:
      1. our Electricity, Gas and/or appliance payment customer; or
      2. an Icon Water Customer; or
      3. the Account Holder of any of the accounts listed in 2.2.1 and 2.2.2 above or the Authorised Contact.
    3. You will need to register through the sign up process available on our website at my.actewagl.com.au.
    4. We will then send you an authentication pin to your nominated email address which you will need to provide to finalise the sign up process.
    5. The Account Holder will be responsible for all actions undertaken on their relevant accounts in the Self-service Platform by the Authorised Contact.

  3. Provision of your Self-service Platform information to third parties
    1. You must maintain the security of your log in details and must not provide or allow any third party to use your login details.
    2. In the event that you do not comply with clause 3.1 above, you will be responsible for any and all actions undertaken by that third party.
    3. If you believe that a person has obtained your login details without your consent, notify us immediately and change your login password immediately.

  4. Cancellation or suspension of access to the Self-service Platform
    1. We may at any time suspend or terminate this service, but will give you as much notice as reasonably practicable except in the case of an emergency when we will notify you as soon as reasonably practicable afterwards. If the service ceases to be available, you will return to receiving paper bills for the ActewAGL Accounts and Icon Water Accounts via mail to your nominated mailing address.

  5. Services provided via the Self-service Platform
    1. From time to time, for whatever reason, and without notice to you we may vary the functionality, services or appearance and layout of the Self-service Platform. We will use reasonable endeavours to provide you with updated information on the variations on our website www.actewagl.com.au.
    2. The functionality available to you may vary according to your status as an Account Holder or an Authorised Contact.

  6. Provision of Personal information and use of your personal information
    1. Provision of information
      1. You will be required to provide your personal information, including but not limited to your name, address, date of birth, ActewAGL or Icon Water account details and email address to register for the Self-service Platform.
      2. You acknowledge and confirm that all information that is provided by you in the sign-up process and throughout the use of the Self-service Platform is current and correct at the time of provision of the information.
      3. You acknowledge and confirm that you have obtained the relevant consents from the Authorised Contact/s to provide their personal information to us, and you acknowledge that we will rely on your confirmation that you have the relevant consents. We ask that you advise the Authorised Contact of our Privacy Statement available at www.actewagl.com.au
      4. You agree to indemnify us against any breach of privacy resulting from your disclosure of personal information as described in 6.1.3.

    2. Use of personal information
      1. We will comply with our Privacy Statement and all applicable privacy laws in relation to the use of your personal information. Please refer to our Privacy Statement available at www.actewagl.com.au and the Icon Water Privacy Statement available at www.iconwater.com.au
      2. You consent to us using personal information for the purposes of:
        1. verifying your identity when setting up the account;
        2. setting up a log in for the Self-service Platform account for an Authorised Contact;
        3. sending emails attaching your bill, any notifications associated with your ActewAGL Accounts or Icon Water Account;
        4. sending you marketing material, unless you have selected not to be provided with marketing material in the login process for each account. If you have consented to receive marketing material, and you no longer wish to receive marketing material from ActewAGL please de-select the ‘Receive marketing material box’ in the Self-service Platform in each of your ActewAGL Account or Icon Water account details section or contact us on 13 14 93;
        5. assess your ongoing creditworthiness or the status of any account you have with us;
        6. collect overdue payments; and
        7. determine the level of security required under this agreement.

  7. Payment
    1. You acknowledge and confirm that you agree to the Direct Debit Service Agreement available at www.actewagl.com.au
    2. You acknowledge and confirm that you have the authority to use the Nominated Payment Method for the purposes of making the payments as set out in the Self-service Platform
    3. You acknowledge and confirm that if you are the Account Holder you will remain liable for any missed payments and these outstanding amounts will be a debt due and payable to us and/or Icon Water. You may be liable for any late payment fees in accordance with your relevant Contract.

  8. Disputed transactions
    1. If you believe that a transaction recorded in the Self-service Platform is wrong or unauthorised, please notify us immediately. We are committed to resolving any disputed transaction as soon as reasonably possible using our Complaints Handling Procedure available on our website at www.actewagl.com.au.

  9. Internet/Software requirements of the customer
    1. In order to operate the online customer Self-service Platform you will require the most current version of Microsoft Edge, Chrome, Firefox or Safari.

  10. Termination
    1. We may, by giving you no less than ten (10) business days written notice to your email address registered on the account, terminate this Agreement.
    2. You may terminate this Agreement at any time by notifying us in writing at assist@actewagl.com.au.
    3. Upon termination no services will be available to you through the Self-service Platform and your access will be removed.
    4. Without limiting any rights or remedies that we may have against you arising out of or in connection with this Agreement, we may terminate this agreement immediately by giving notice to you where, in our reasonable opinion, you have breached the terms of this Agreement.
    5. Any outstanding tax invoices at the time of termination will remain a debt due and payable by you.

  11. Indemnity
    1. You will at all times indemnify us and our officers, employees and agents against any liability or losses arising out of, or as a consequence of:
      1. any unlawful or negligent act or omission or breach of this Agreement by you; or
      2. an infringement, or an alleged infringement, of the Intellectual Property Rights of any person, which occurred by reason of an act done by us, or our sublicensees within the scope of our Intellectual Property Rights and licences under this Agreement, in relation to any part of the Self-Service Platform,
      except to the extent that any negligent act or omission by us or our officers, employees and agents contributed to the relevant liability.

  12. Maintenance of the Self-service Platform
    1. We may from time to time undertake maintenance of the Self-service Platform.

  13. Warranties
    1. We do not warrant or represent that the Self-service Platform will be free from any viruses, up to date, or free from interruption.
    2. Where you utilise a function in the Self-service Platform to estimate your consumption data, to the extent permitted by law, we cannot guarantee its accuracy or currency of the estimation provided as we are reliant on information provided by a third party. Further the estimation provided in the Self-service Platform is for general use only and should not be relied upon as a tax invoice.

  14. Liability
    1. You may be entitled to statutory consumer guarantees under the Australian consumer law in connection with our supply of the Self-service Platform under this Agreement. Nothing in this Agreement is intended to exclude, restricted or modify the application of those guarantees.
    2. Subject to subclause 14.1, and to the extent permitted by law all guarantees, conditions and warranties, express or implied, by law, custom or otherwise are excluded and our liability for any loss arising from a breach of such guarantees, conditions and warranties, or this Agreement, is limited to the supply of the Self-service Platform again or the payment of the cost of having such Self-service Platform supplied again
    3. To the fullest extent allowed by law, us and our respective partners and parent companies, officers, employees, agents, contractors and suppliers are not liable for any loss or damage (including consequential losses) that arise directly or indirectly:
      1. out of the use of the Self-service Platform or through the disclosure of information to the Self-service Platform;
      2. from the interruption or unavailability of the Self-service Platform;
      3. from the unauthorised interception by third parties of transmissions of information to the Self-service Platform; and
      4. from the unauthorised or fraudulent use by a third party of information you disclose to the Self-service Platform.
    4. We have taken all reasonable steps to protect information that you disclose on the Self-service Platform. However, we cannot guarantee that your use of the Self-service Platform will be secure or confidential. Information that you disclose on the Self-service Platform may not be secure in its transmission over the internet, and third parties may be able to intercept the transmission of information (including credit card information) to the Self-service Platform Please refer to our Online Security Statement available at www.actewagl.com.au.

  15. Variation of Terms and Conditions
    1. We may vary these terms and conditions of use at any time by providing 10 days prior notice of any changes on our website at www.actewagl.com.au. It is your responsibility to regularly check our website for variations to the terms and conditions. If you do not agree to the varied terms and conditions you must cease using the Self-service Platform immediately and advise us of your termination in accordance with clause 10.2 of these terms and conditions.

  16. Governing law
    1. These terms and conditions are governed by the laws of the Australian Capital Territory.

  17. Intellectual Property
    1. All Intellectual Property Rights in the Self-service Platform belong to us or our licensors. We grant to you, and you accept, a non-exclusive, non-transferable limited licence to use the Self-service Platform strictly in accordance with this Agreement.
    2. Any intellectual property developed or created by you during the performance of this Agreement (including for the avoidance of doubt any feedback, ratings or comments you make in the Self-service Platform) vests in us immediately upon its creation and you assign all right, title and interest in such Intellectual Property to us and will do any further acts or execute any documents required by us to effect such assignment.
    3. You must not breach an obligation to another person in respect of Intellectual Property Rights or infringe any Intellectual Property Rights of another person.

  18. Definitions

    Agreement means these terms and conditions of use of the Self-service Platform

    Authorised Contact means the person or persons authorised by the Account Holder

    Account Holder means the person who is the account holder of an ActewAGL Account or Icon Water account

    Contract means:

    1. If you are an Electricity or Gas retail customer, your Standard Retail Contract or Market Retail Contract, as applicable, with us; or
    2. If you are an Icon Water Customer, your Water Services and Sewerage Services Connection and Supply Standard Customer Contract

    Icon Water means Icon Water Limited ABN 86 069 381 960

    Intellectual Property Rights means all intellectual property rights, including:

    1. copyright, patents, trademarks, designs, trade secrets, know how and any right to have confidential information kept confidential;
    2. any application or right to apply for registration of any of the rights referred to in paragraph (a); and
    3. all rights of a similar nature to any of the rights in paragraphs (a) and (b) which may subsist in Australia or elsewhere,

    whether or not such rights are registered or capable of being registered.

    Nominated email address means the email address that you used to create your ActewAGL Account/s or Icon Water Account

    Nominated Payment Method means your credit card, cheque account or savings account details that you provide to ActewAGL in the online customer platform as your method of payment of Tax Invoices

    Privacy Law means Privacy Act 1988 (CTH) and any other privacy legislation that ActewAGL must comply with from time to time

    Self-service Platform means the app, my.actewagl.com.au and service offered by us in accordance with these terms and conditions of use.

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