1. AGREEMENT
Jacana Energy offers an Online Portal to its customers, which allows them to update their contact details online, view bills and transactions history, make payment of bills and submit certain requests.
Use of the Online Portal is subject to the terms and conditions set out below.
2. REGISTRATION OF ONLINE PORTAL ACCOUNT
To register an Online Portal Account, you must be the holder of an Electricity Account with Jacana Energy.
If you are the holder of multiple Electricity Accounts, you must only create one Online Portal Account which links all of your Electricity Accounts together.
Once you have established an Online Portal Account, you will be able to authorise other people to have partial or full access to your account. Any authorised users of an Online Portal Account are also bound by these Terms.
3. CONFIDENTIALITY
Each Online Portal Account will come with a username and password. You must keep your username and password confidential and not disclose it to any other person. You are solely responsible for all activities that occur on your Online Portal Account.
4. PRIVACY
You are responsible for ensuring that all personal information recorded on your Online Portal Account is accurate, up-to-date and complete. We will handle your personal information in accordance with our privacy policy (accessible at www.jacanaenergy.com.au/about_jacana_energy/privacy). Our privacy policy forms part of these Terms.
5. INTELLECTUAL PROPERTY RIGHTS
Any information that we provide to you through the Online Portal is for your personal and/or internal business purposes only. We retain ownership of all intellectual property rights (including trade marks and copyright) in and to the Online Portal, and the content provided on the Online Portal.
You must not engage in any activity that infringes our intellectual property rights, including:
- disassembling or reverse engineering the Online Portal software, to create derivative or equivalent software;
- copying, downloading or distributing any content from the Online Portal; or
- using the Online Portal, or any content from the Online Portal, for a commercial purpose.
6. TERMINATION
We may terminate or suspend your Online Portal Account if:
- you fail to comply with these Terms;
- your Online Portal Account details (including personal information) are inaccurate, incomplete or falsified, or you submit any data or information that is misleading or deceptive or otherwise unlawful;
- your Online Portal Account is being used in a fraudulent or illegal way; or
- we suspect that use of your Online Portal Account has compromised the security or functionality of the Online Portal (e.g. by directly or indirectly introducing a virus or malicious code)
You may terminate your Online Portal Account at any time via the 'Profile' section of the Online Portal.
If you terminate your Electricity Account with us and there is no outstanding amount due on the Account, your Online Portal Account access will be automatically closed 180 calendar days after your Electricity Account was terminated.
7. VARIATION
We may also vary, terminate or suspend our services through the Online Portal, by giving you 14 days prior notice, without liability to you.
We reserve the right to vary the terms of this agreement at any time by uploading the revised terms on the Online Portal. We will give you prior notice of such changes, if they are likely to have a material detrimental impact on you. Such notice will either be given by email or by notice displayed on the Online Portal.
8. LIABILITY
We will use reasonable care and skill in providing and maintaining the Online Portal, however your use of the Online Portal is at your own risk. We do not provide any warranty that use of the Online Portal will be continuous, uninterrupted, reliable, secure or free from viruses or defects, or that the information provided through the Online Portal is up-to-date, correct or complete.
There are a number of factors that could affect the availability of the Online Portal or the accuracy of the information it contains, including telecommunications outages, programming errors, routine maintenance, negligent or malicious acts of third parties, or events beyond our control.
Nothing in these Terms excludes, restricts or modifies the application of any provision of the Australian Consumer Law. However, to the extent permitted by law we exclude liability for all direct, indirect or consequential loss or damage (e.g. loss of data, reputational damage, business interruptions etc.) including any loss or damage arising from misuse of your Online Portal Account, arising from, or contributed to, by your own acts or omissions or arising from circumstances beyond our control.
9. GOVERNING LAW
This agreement is governed by and interpreted in accordance with the laws of the Northern Territory, Australia, and by using the Online Portal you agree to be submit to the jurisdiction of the courts of the Northern Territory.