Evoenergy Customer Access to Data Portal—End User Terms of Service
Terms and Conditions of registration, metering data service and licence to use portal
Warning: permission to use the Portal and access energy consumption data is conditional on You, the customer, agreeing to these Terms and Conditions.
Unless otherwise agreed in writing by Us, these Terms and Conditions constitute the entire agreement between You and Us in relation to the use of the Portal and override any other negotiations or representations. No amendment, alteration, waiver or cancellation of any of these Terms and Conditions is binding unless agreed by Us in writing.
By clicking “I Accept” You will be deemed to be legally bound by these Terms and Conditions. If You do not agree to these Terms and Conditions do not click “I Accept”.
1. What is the Evoenergy Customer Access to Data Portal (”the Portal”)?
The Portal is an online application provided by Evoenergy ABN 76 670 568 688, a partnership of Jemena Networks (ACT) Pty Ltd (ABN 24 008 552 663) and Icon Distribution Investments Limited (ABN 83 073 025 224) (‘Us’, ‘We’, ‘Our’) that gives the You, as the retail account holder, whether You are an individual, company, partnership or otherwise (‘You’, ‘Your’) access to Your energy consumption information.
2. How do I register?
To use the Portal you must apply to register an account and agree to these Terms and Conditions. Registration is free but non-transferable. In return for free registration You agree to allow Us to collect and use certain personal information about You such as Your name, contact details and NMI.

Before You register please be aware that
a. the personal details We collect from You contain unique identifiers that can be used to ascertain Your identity
b. We will collect, use, handle and store Your personal information in accordance with our privacy policy: https://www.evoenergy.com.au/legal/privacy-policy 
c. We may not be able to provide the services and may cancel Your account if You withdraw Your consent in relation to required personal details.
We may also cancel Your account if You breach these Terms and Conditions.
3. Right to access request
In submitting a registration request, You represent that you are the retail account holder connected to the NMI nominated in Your registration details in respect of which You are requesting access to energy consumption data. Or, that You are authorised by the occupier of the premises connected to the NMI nominated in Your registration details in respect of which You are requesting access to energy consumption data.
4. Changes to these Terms and Conditions
We reserve the right to change these Terms and Conditions. We will notify You of any material changes through the email address that You provide. You may deregister your account at any time if You do not agree to these Terms and Conditions as amended.

Notwithstanding advice of material changes being notified through the provided email address it is Your responsibility to ensure You understand these Terms and Conditions.

Any changes to these Terms and Conditions are effective from the date of posting in the Portal. Any updated Terms and Conditions will supersede all prior versions.
5. Your personal information
5.1. Information that We may collect
You acknowledge that any personal information provided by You is freely given by You and with Your consent.

You acknowledge that We may obtain some personal information about Your energy usage patterns as an incidental part of providing these services to You.
5.2. Our use of Your personal information
We undertake to comply with Our privacy policy and applicable privacy laws in relation to Your personal information.

By clicking on “I Accept” You consent to
a. The use of Your personal information to verify Your identity for lawful purposes
b. The provision of Your personal information to Your retailer for lawful purposes
c. The use of Your personal information in an aggregated and de-identified form for research and analysis purposes—in all such circumstances We will ensure that individuals remain anonymous
d. Us sending You emails, SMS, push notifications and other forms of communication from time to time for administrative purposes such as password resets and other notifications, e.g., tips on Portal use, outage notifications and notifications to help You achieve energy savings goals.
6. Metering data service
6.1. Accuracy of information
Data is derived from Our systems. All data delivered to You is indicative only. The Portal is a tool to help You track Your energy use but should not be relied on as completely accurate.

Data is available only up to the date of the last time the meter was read. Once the meter is read it may take up to five business days for data to update in the Portal.
6.2. Portal data and billing
We are not responsible for Your retail bill. Any queries about Your retail bill should be directed to Your electricity retailer.
6.3. Maintenance and down time
We may conduct maintenance on the Portal and/or Your meter. Your use of the Portal may be temporarily disrupted from time to time for maintenance and related purposes.
6.4. Internet connection
You must arrange for Your own internet connection in order to access the Portal.
7. Your responsibility for the Portal and other obligations
a. You are provided with access to the Portal for Your personal use only.
b. You must ensure that Your access to the Portal is not illegal or prohibited by law.
c. All intellectual property in the Portal is owned or licensed by Us and except for a licence to use the Portal in accordance with these Terms and Conditions, nothing in these Terms and Conditions grants You any right, title or interest in relation to the Portal. You must not copy, adapt or otherwise breach any intellectual property rights in the registration process, screen displays and anything else related to the Portal.
d. You must
i. Only use the Portal for lawful purposes
ii. Ensure that any person You have expressly or impliedly authorised to use the Portal, including without limitation other household members or employees, abide by these Terms and Conditions.
e. You must not attempt to use or misuse the Portal
i. For any unauthorised commercial purpose
ii. To breach any law or regulation or allow any person to do the same
iii. To infringe another person’s rights or expose us to liability or do anything that could bring Us or Our service providers into disrepute
iv. In any way that may damage any property of a third party or injure or kill another person.
f. You must take all best efforts to restrict access to the Portal and/or information delivered by the Portal to only persons who are expressly authorised to use the Portal.
8. Our warranties
8.1. Terms implied by statute
You have statutory guarantees and other rights that cannot be excluded under the Australian Consumer Law. Nothing in these Terms and Conditions limits or excludes any such rights.

In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of law this shall not affect the remainder of the Terms and Conditions, which shall continue to be valid.
8.2. Security of information
No data transmission over the internet can be guaranteed as totally secure. Whilst We strive to protect such information We cannot ensure the security of any information that is transmitted. In addition, We disclaim all responsibility for hacking or other wilful or unauthorised access to such information.
8.3. Hardware and software defects
If You use any third party hardware or software We take no responsibility for defects in such hardware or software and inaccurate readings, damage or loss arising from the use of such hardware or software.

We make no warranties that any third party hardware or software will successfully connect to the Portal.

You agree and warrant that You will only use and install approved software and hardware and that You have not tampered with any such software and/or hardware. You will be responsible for the costs of any damage that result from Your non-compliance with this clause.
8.4. Portal program not guaranteed to be error free
Subject to clause 8.1 You acknowledge that the Portal cannot be guaranteed to be error free. You acknowledge that the existence of any such errors will not constitute a breach of this agreement.

The Portal is provided as is. While We will use reasonable care in providing the Portal to You We can’t guarantee that it will always be free from faults. We do not make any warranties about this Portal or your use of it.
8.5. No liability for damages
Except as expressly provided in this agreement We will not be liable to You for any loss or damage, including special, indirect or consequential damages—including damages for loss of profit, loss of revenue or loss of opportunity—in relation to your use of the Portal.
9. Indemnity
You will be responsible for (and You indemnify Us against) any loss or damage to any person arising from any one of the following:
a. Any breach by You of these Terms and Conditions;
b. Any wilful, negligent or unlawful act or omission by You in relation to, or in the course of using, this Portal.

10. Term of agreement
10.1 Termination

This agreement begins from the time you click “I Accept” and terminates automatically upon the occurrence of any of the following circumstances:
a. If You breach any term of this agreement, upon notice by Us that the agreement is terminated.
b. If You cancel your account by emailing Us at customer.portal@evoenergy.com.au or using other means provided to give notice that You withdraw Your consent in relation to personal information required to receive the services.
c. If You are a company, firm or partnership, if that company, firm or partnership is dissolved or wound up.
10.2 Consequences of termination
Upon termination Your account will be disabled or deactivated and You will no longer be able to access data from the Portal.
11. General
a. We have no liability for any failure to comply with these Terms and Conditions where failure is due to circumstances beyond our reasonable control.
b. These Terms and Conditions are governed by the law of the Australian Capital Territory.
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