The Powertracer Platform is comprised of the Powertracer application and user display and any additional features offered by Enosi Australia.
By using all or any portion of the Enosi Australia Powertracer Platform, you accept all the terms and conditions of this agreement without modification.
“Commencement Date” is the earliest of (i) the date when your access to the Powertracer Platform and / or other cloud services is active (ii) when you make a payment against an invoice from Enosi Australia or Reseller for a product or service that includes the use of the Powertracer Platform.
“Confidential Information” means any information, in any format, oral or written, whether or not marked ‘confidential' and whether or not proprietary which is disclosed to you as a result of your access to the Powertracer Platform or your business dealings with Enosi Australia, which would reasonably be considered information that is confidential to Enosi Australia.
“Data” means information including metering and site details and trade pricing and settings data which is collected, submitted, entered or posted onto the Powertracer Platform or otherwise communicated. Data excludes any Personal Information.
“Intellectual Property” means wherever in the world arising, present or future, whether registered or unregistered (and including any application) including copyright, know-how, trademarks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, circuit layouts and all proprietary rights in confidential information, trade secrets, business and domain names, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
“Order” means an agreement to purchase, by You or Reseller on your behalf, the Products and services on the terms described herein.
“Payment Method” means an accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party.
“Personal Information” means information which can be linked to you such as name, email, telephone number.
“Product” means the Powertracer Platform and any components that support its function.
“Quote” means the offer provided by Enosi Australia or a Reseller for the supply of the Product or services.
“Reseller” means an independent company who has purchased Enosi Australia products and or services from Enosi Australia and supplied you with Enosi Australia products and or services on our behalf.
“Enosi Australia” means Enosi Australia Pty Ltd, Level 4, 11 York St Sydney NSW 2000, ABN 69 624 405 143.
“Powertracer Platform” means Enosi Australia’s software that supports energy traceability, trading and settlement.
“Subscription” means the period for which you will have access to the Powertracer Platform and / or other cloud services.
“You/your” means you, the customer nominated for the subscription.
“We/us/our(s)” means and refers to Enosi Australia Pty Ltd.
Enosi Australia or Reseller agree to supply and you agree to purchase the Products based on these Terms and Conditions, (these documents may be amended from time to time and the current versions of them can be viewed on the Enosi Australia website www.enosi.energy) and any additional terms and conditions provided by Enosi Australia or Reseller that may relate to our Products as part of a service offering such as a retail electricity supply agreement. By accepting an Order from Enosi Australia or a Reseller to purchase our Products and services, you acknowledge and accept that you are agreeing to purchase Products and services that require a free trial, pre-paid or ongoing Subscription payment to operate to its full functionality. You should carefully note any terms and conditions of sale provided by Reseller that may affect these Terms and Conditions.
Enosi Australia hereby grants you a limited license to use the Powertracer Platform as follows: a) to access the Powertracer Platform including data recordings and electricity metering information which you are authorised to access; or b) to permit access to the Powertracer Platform by other authorised parties. This License Grant does not cover, and therefore you may not do, the following: a) sell or grant additional licenses, sub-licenses, or any other access to the Powertracer Platform not specifically covered by these Terms and Conditions; b) sell Confidential Information to third parties or otherwise distribute or reveal Enosi Australia's Confidential Information, unless expressly agreed in writing by Enosi Australia; and c) publicise or otherwise share Enosi Australia's Confidential Information with anyone, unless expressly agreed in writing by Enosi Australia.
The Order has a cooling-off period of 10 business days from the Commencement Date when purchasing directly from Enosi Australia. You may terminate this Order by giving us notice in writing indicating your wish to do so. If you terminate this Order during the Cooling Off Period you are still liable for the cost of any hardware, set-up and installation already provided but are not required to pay an early termination fee.
Enosi Australia’s Products and Services require a subscription to access and operate the full functionality of the Products and Services. This includes access to the Powertracer Platform, electricity monitoring services and/ or other cloud services.
Unless otherwise specified, the Subscription will start on the Commencement Date
The subscription may be (i) a free trial period, (ii) pre-paid for the period, (iii) or billed regularly ongoing, as selected by You or Reseller on your behalf, at time of Order.
Subscriptions expire at the end of the duration described in the Quote and selected at time of Order.
Subscriptions are renewed when you agree to an Order either online or in writing.
Subscriptions are restricted to the original site address and metered electricity service for which the Powertracer Platform is initially established and to the person(s) named as the site owner(s).
Subscriptions are non-transferable to new site addresses or metered electricity services, and non-transferable to new site owners.
You are required to notify Enosi Australia or your Reseller if you are no longer the primary resident at the site address or responsible for the metered electricity service.
Enosi Australia is not responsible for the installation of electricity metering or monitoring hardware. Reseller, or their sub-contractors will install any hardware in accordance with applicable standards, regulations, technical installation guidelines and in a manner that allows the hardware to adequately and safely function.
Either party or your Reseller may cancel the Subscription at any time by notice in writing to the other party if the other party commits a breach of any material provision of the these Terms and Conditions and that breach is not capable of remedy or, if able to be remedied, is not remedied within 60 days from the date of receipt of notice in writing calling upon the party in breach to remedy such breach.
You may cancel your Subscription at any time by providing notice to us or your Reseller either via the online portal or in writing. You will continue to have access to the Powertracer Platform until the end of your Subscription. Enosi Australia will not provide any refund for any portion of an unused cancelled Subscription. Enosi Australia will provide services until the earlier of A) the metering data is no longer being provided to us or specifically requested to be blocked or B) expiry of the 30 days period after termination of service.
Enosi Australia reserves the right, in its sole discretion, to terminate your access to the Powertracer Platform or any portion thereof at any time. In cases where you are in good standing with payments for paid access to Data, and the access has not been terminated due to your breach of these Terms and Conditions, Powertracer Platform Terms and Conditions or any other applicable terms, Enosi Australia will refund the portion of payment for services not yet rendered. Enosi Australia will provide access for you to obtain your Data for 30 days after the termination, or otherwise transmit the Data to you if requested.
Enosi Australia provides recommended retail Subscription pricing to Reseller(s) and reserves the right to vary its Subscription costs from time to time at its sole discretion.
Reseller(s) provide recommended retail prices for Enosi Australia Subscriptions at their sole discretion.
Subscription service will be charged at the rates specified in a Quote, subject to cost variation described in this clause, and are inclusive of GST (where applicable).
The payment terms in this clause apply only to sales direct from Enosi Australia and are cash up front, unless otherwise agreed. If you pay a bill using a payment method that results in us incurring a merchant service fee (including payment by credit card), we may charge you the Payment Processing Fee listed on a Quote.
Subscription payments may be a) paid directly to Enosi Australia by credit card or other approved Payment Method, or b) purchased on your behalf by Resellers. For recurring Subscriptions, you will be charged against your designated Payment Method at the beginning of your Subscription duration. Unless you cancel your Subscription before your billing date, you authorise Enosi Australia to charge the Subscription fee for the next billing cycle to your Payment Method.
If the Payment Method is invalid or expired, we will notify the Subscription holder of the failed payment by email. You may lose access to the Powertracer Platform when your Subscription expires, and after 30 days the historical data of that site may become unavailable.
Enosi Australia reserves the right to, at any time, vary the Products either by making such changes in, among other things, the design, technical specification, software configuration, cloud infrastructure architecture, production or packaging of the Product in any way as Enosi Australia shall deem appropriate, or by the withdrawal of one or more features or by adding additional features to the Product. You shall not be obligated to purchase any changed Products which have been materially modified or changed. No refunds will be granted for previously purchased Products on the basis of Product changes.
Enosi Australia will endeavour to maintain our service but cannot guarantee a consistent or uninterrupted communication connectivity. Any communication breakdown arising from Wi-Fi connectivity, 3G/4G disruption of service, the unavailability or the discontinuation of network service and/or withdrawal of support for technology from a telecommunication provider, electricity retailer, electricity meter data provider, electricity grid operator, electricity market operator or any other acts or omissions of any third-party providers are beyond the control of Enosi Australia and Enosi Australia accepts no responsibility for any impact or consequences they have on the provision of service.
The information and materials contained on this platform, including text, graphics, links or other items – are provided "as is" and "as available". While Enosi Australia makes best efforts to ensure the accuracy of all its information and employs multiple layers of redundancy to this purpose, Enosi Australia does not warrant the accuracy, adequacy, or completeness of the information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied or statutory, is given in conjunction with the information and materials.
Enosi Australia makes no representation whatsoever that the information you obtain by using the Powertracer Platform, our website or other on-line services is free from faults, defects, computer viruses or malware, and its liability in respect of such events is excluded to the fullest extent permitted under applicable law.
Enosi Australia expressly disclose and you acknowledge that the Powertracer Platform service may be discontinued or terminated by Enosi Australia at its absolute discretion for any or no reason (“Discontinuance”), and Enosi Australia is not in any way liable to you for any compensation or claim including but not limited to damage and loss of any kind caused by or arise from the Discontinuance except for a pro-rata refund of the Enosi Australia Powertracer Platform Subscription for the unused period if applicable.
Enosi Australia needs to use your Personal Information to run your electricity traceability and trading service, and may use your Personal Information to promote and market services to you on an ongoing basis, including through telephone and electronic means, unless you opt out.
Your Personal Information will not be made available by Enosi Australia to third parties for the purpose of marketing or data profiling.
Enosi Australia agrees to keep all Personally Identifiable Information confidential. While this Personally Identifiable Information will be kept strictly confidential, Enosi Australia reserves the right to maintain/analyse/aggregate/use other posted or submitted Data, so long as no Personally Identifiable Information is disclosed. By posting, uploading, inputting, providing or submitting Data, You warrant and represent that You own or otherwise controls all of the rights to Data submitted, including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Data. Additionally, Enosi Australia will distribute and report data as required by federal, state, and local laws and ordinances.
You agree that you have the obligation to keep confidential all Enosi Australia’s Confidential Information.
Except as otherwise set forth in this Agreement or other valid agreement, and subject to Enosi Australia’s express written license grant to You as set forth in Section 3, Enosi Australia owns or is the authorised licensee of all rights in the Intellectual Property in the software, hardware or any work product or code contained or used within the Powertracer Platform.
You undertake that you will not: a) breach any of Enosi Australia’s rights in the Intellectual Property; or b) use or seek to use any information, whether or not proprietary or whether or not expressly marked confidential, gained in the course of its business dealings with Enosi Australia without the prior written consent of Enosi Australia.
Intellectual Property owned by either party at the commencement of the Subscription remains the property of that party. Any Intellectual Property developed or created during the Subscription vests in Enosi Australia immediately upon creation and you assign all right, title and interest in such Intellectual Property to us.
Notwithstanding any other provision of these terms and conditions, in no event will Enosi Australia, its agents, employees, subsidiaries, affiliates, or parent companies be liable to you (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) for any damages, claims or costs whatsoever including commercial losses, or any direct, indirect, incidental, consequential, special or punitive or exemplary damages (including loss of profits, revenue, contract or anticipated benefit or savings, business, goodwill, data or use or for any delay or increase in operating costs), whether in contract or tort, by statute or otherwise, arising directly or indirectly and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known, even if advised of the possibility of such damages, even if the non-breaching party has been advised of the possibility of such damages. The foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction.
Otherwise you agree to limit Enosi Australia’s maximum aggregate liability (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) to you as follows. If a court of competent jurisdiction determines that Enosi Australia or any of its, subsidiaries, affiliates, or parent companies is directly responsible for damages arising from the services that Enosi Australia performs or the systems it provides under these Terms and Conditions, such damages shall be limited to the sum of the yearly service charges actually paid by you under these Terms and Conditions during the year in which the event giving rise to such damages occurred. Except as expressly provided elsewhere in these Terms and Conditions, these agreed upon damages are your sole and exclusive remedy no matter the cause of any loss, damage, injury, or other consequence, whether caused by negligence, gross negligence, tort, failure to perform duties under these Terms and Conditions, breach of warranty, strict liability, failure to comply with any applicable law, or other default by Enosi Australia on any of its obligations in these Terms and Conditions.
The following statement applies to customers that are ‘consumers' within the meaning of the Australian Consumer Law:
The benefits given to the consumers in these Terms and Conditions are in addition to other rights and remedies of the consumer under a law in relation to the goods or services to which these Terms and Conditions relate. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You must take reasonable steps to mitigate any loss you suffer or incur under or in connection with these Terms and Conditions.
If an event outside our or your reasonable control (“Force Majeure Event”) prevents a party from complying with its obligations under your Order, those obligations will be suspended for the duration of the Force Majeure Event. The party affected by the Force Majeure Event must use its best endeavours to give the other party prompt notice of and full details about the Force Majeure Event and minimise, overcome or remove the Force Majeure Event as quickly as practicable.
In case any provision of this Agreement shall be invalid or unenforceable, the validity and enforceability of the remaining provisions of the Agreement will not in any way be affected or impaired thereby. Governing Law and Arbitration
If any part of the Order is or become illegal, void or unenforceable, this does not invalidate the rest of the Order. These Terms and Conditions are governed by the law in force in New South Wales. Each party submits to the exclusive jurisdiction of the New South Wales courts.
As a condition of your use of the Powertracer Platform, you warrant to Enosi Australia that you will not use the Powertracer Platform for any purpose that is unlawful or prohibited by these Terms and Conditions, Powertracer Platform Terms and Conditions or any other applicable agreement. You may not use the Powertracer Platform in any manner which could damage, disable, overburden, or impair the Powertracer Platform or interfere with any other party's use of the Powertracer Platform. You further agree that no joint venture, partnership, employment, or other relationship exists between you and Enosi Australia, except as otherwise documented in writing. You covenant that you shall not reverse engineer, decompile, or disassemble any of the Platform's components except to the extent permitted by applicable law.
ENOSI AUSTRALIA name and logo and Powertracer logo are trademarks owned and used by Enosi Australia. Use of these marks without the prior express written permission of Enosi Australia is prohibited. All other trademarks referenced in these Terms and Conditions or referenced or used on the Powertracer Platform, or any part of Enosi Australia’s website or in the course of Enosi Australia’s business (such reference or use as may be amended from time to time) are the property of Enosi Australia or their respective third-party owners. Enosi Australia is the owner or authorised licensee of the copyright in its website pages and Powertracer user interface pages (including without limitation all text, graphics and computer code relating thereto or associated therewith) and all other intellectual property and proprietary rights therein, and all rights are reserved. Permission is given for the downloading and temporary storage of one or more of these pages for the sole purpose of viewing them on a stand-alone personal computer or monitor and solely for the purpose of these Terms and Conditions.