This Website is licensed to and operated by Commercial Connections Australia Pty Ltd ACN 619 577 061, at Level 24/570 Bourke St Melbourne VIC 3000, trading as Utilizer. “We”, “our” and “us” means Utilizer. This Website is licensed to and operated by Commercial Connections Australia Pty Ltd ACN 619 577 061, at Level 24/570 Bourke St Melbourne VIC 3000, trading as Utilizer. “We”, “our” and “us” means Utilizer.
Acceptance of Terms
From time to time, Utilizer may change these Terms, by providing you with written notice before the terms change. You can stop using the Website at any time. If you don’t agree to the terms, please don’t continue to use the Website. Any subsequent use of or access to the Utilizer Website by you will mean that you have accepted the changes to these Terms.
This Website is intended for use by Australian residents only, aged 18 years and over. You should note that this Website (especially the products, price references and product descriptions) is frequently updated. Products may be withdrawn at any time, without notice.
If you do not agree to these Terms, you must not use or access the Utilizer Website. These Terms are intended to be for the benefit of each of Utilizer, its Related Bodies Corporate, partners, service providers (“Partners”) and their respective Personnel.
The Utilizer Website
The Utilizer Website provides an information service to obtain quotes and compare certain products and services on the basis of particular criteria you may select including brand and price. The products and services quoted and compared are not representative of all the products and services available in the market. Not all products from our Partners are shown. At times, not all brands may be available.
The Energy Plan Comparison uses data provided by utility service providers (“Suppliers”) and not Utilizer. Utilizer relies on the information provided by Suppliers for the Energy Plan Comparison and its results. Suppliers, not Utilizer, warrant that the information relating to the Participating Energy Products is true for the duration of its validity period. The Energy Plan Comparison shows different plans depending on where your property is located. The comparison of Participating Energy Products does not take into account connection, exit or other fees that the provider may have – please see the Supplier’s terms for more information.
Always read the relevant terms and conditions supplied by the Supplier before deciding to purchase the plan. You should verify the information provided from the Energy Plan Comparison and any other information that’s important to you about the Participating Energy Product with the relevant Supplier before you purchase an energy plan. Utilizer does not guarantee that any product or service can be provided to you as the Supplier’s eligibility criteria and terms and conditions will apply.
The Utilizer Website provides you with factual information, advertisements and possibly links to other websites. It may also contain general recommendations about products and services and what to consider when buying. However, any recommendation is general in nature and does not take into account all your personal circumstances. For example, this Website has not been designed for concession holders and those needing utilities for life support – contact the Supplier directly. If necessary seek independent advice before making a decision to acquire.
If you decide to purchase a particular product or service, you can provide your telephone number and choose to be contacted by the Utilizer Call Centre to make your application or use the telephone contact details to contact the Utilizer Call Centre to make your application.
The Utilizer service and how we are paid
Our comparison service is free for you to use. We receive a commission each time one of our customers takes out a new energy offer after being referred to our Partners.
Use and Access
The purpose of the Website is to provide Supplier comparison information to consumers genuinely interested in purchasing the Suppliers’ products. By using the Utilizer Website you warrant that you are using the Website for that purpose.
You must not use the Utilizer Website or its Content:
- for commercial purposes (including for competitive advantage of any party or to the competitive disadvantage of Utilizer or its Partners);
- in any manner that is inconsistent with the purpose for which the Utilizer Website is provided;
- in any manner which is in breach of any laws; or
- in any other way which is not expressly permitted by these Terms or Utilizer.
Without limiting the above, you will not and will not permit a third party to:
- use or access the Utilizer Website or what it contains ( “Content”) in a way that infringes the intellectual property rights or other rights of any person;
- copy or disclose to any person, any Content other than as expressly permitted by these Terms;
- use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the Content;
- use any method or process to consolidate or combine the Content with any other content, data, information, images or material;
- reverse engineer, disassemble or otherwise attempt to construct or identify the Utilizer Website’ source code, formulas or processes;
- use, access or retain any Content in any manner or form whatsoever, unless expressly
permitted by these Terms;
- use systematic, repetitive or any other automated methods which are designed to obtain a large number of quotes, comparisons, rankings or other pricing and related information from the Utilizer Website;
- use, obtain or attempt to obtain from the Utilizer Website, information in order to identify or discover business pricing, underwriting, rating and related business methodology or systems of Utilizer and its Partners;
- do anything which will or may damage, disrupt access to or interfere with the proper operation of the Utilizer Website;
- do anything which will or may place an unreasonable load on the infrastructure of the Utilizer Website;
- post, distribute or send any ‘spamming material’ or any other form of bulk communication;
- impersonate any person or entity;
- publish or disseminate any material which is unlawful, defamatory, indecent, offensive or inappropriate;
- use the Utilizer Website to harass, defame, abuse, threaten or otherwise offend others; and
- transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the Utilizer Website, their software or hardware.
By accessing the Utilizer Website, you agree to accept electronic delivery of the relevant Product Disclosure Statements supplied by product providers who participate in the comparison service.
Disclaimer – Utilizer Website
Utilizer tries to ensure that the Content (which includes information supplied by third parties) is accurate and up-to-date. However (to the extent permitted by law), Utilizer does not warrant the accuracy, adequacy or completeness of the Content, and you should not rely upon the Content as being accurate, complete or up-to-date. Please write to Utilizer at the Utilizer Address, if you spot an error. Utilizer recommends you confirm the information and results obtained on the Utilizer Website with the relevant Supplier. Should you change your mind and wish to cancel your application, you will have a 10 business day cooling off period commencing the business day after you receive this email. You may cancel your contract at any time within the cooling off period at no cost to you.
Utilizer will take reasonable steps to provide a safe and reliable service. But there are some risks with using the internet. Utilizer does not guarantee that the Utilizer Website will be free from viruses. Utilizer accepts no responsibility for any harmful computer code that might be introduced to your system by using the Utilizer Website (to the extent permitted by law). You have to install antivirus and take other protective steps on your computer (as is always the case for your internet safety).
Utilizer does not guarantee that access to the Utilizer Website will be uninterrupted, timely or secure, or that it will always operate as intended, and Utilizer accepts no responsibility in that regard (to the extent permitted by law).
The Utilizer Website, or any product or service available on them, may be changed or withdrawn at any time, without notice.
access to the Utilizer Website may be terminated at any time, without notice, for whatever reason. You must not, in any way, access the Utilizer Website or their Content after termination. But the disclaimers, and limitation of liability provisions in these Terms will survive the termination. Any licenses or other rights you granted to Utilizer will also survive termination.
Disclaimer – Utilizer Email
You agree that your use of the information contained in a Utilizer Email is at your own risk. Utilizer does not warrant the accuracy, adequacy or completeness of the information in a Utilizer Email and you should not rely upon the content as being accurate, complete or up-to-date. Utilizer recommends you confirm the news, information and offers contained in the Utilizer Email with the relevant offeror(s) and Supplier(s).
Utilizer does not guarantee that the Utilizer Email will be free from viruses. Utilizer accepts no responsibility for any harmful computer code that might be introduced to your system by accessing a Utilizer Email (to the extent permitted by law).
Utilizer does not guarantee that the sending of the Utilizer Emails will be uninterrupted or timely and Utilizer accepts no responsibility in that regard (to the extent permitted by law). If you are expected an email from us and don’t get it, please contact us. The sending of the Utilizer Emails may cease at any time, without notice.
Third Party Sites and Advertising
The Utilizer Website may contain links to other Websites operated by third parties. Utilizer is not responsible for the condition or content of those websites, as Utilizer does not have control over those websites. Utilizer makes no representations about the accuracy of any information contained on any other Websites and is not responsible for any Loss arising directly or indirectly from you using, accessing or attempting to access those websites.
You must obtain Utilizer’s prior written permission to link to the Utilizer Website.
The Utilizer Website may display third party advertising.
The Utilizer Website (including the software, layout and design of or underlying the quoting, ranking and comparison system contained within it) and their Content are subject to copyright. You may view the Utilizer Website using your browser and print out or download a copy for your personal and non-commercial use. Except as otherwise provided by law, all other use, copying, reproduction, dissemination, modification, distribution, transmission, republication, display or performance of all or part of the Utilizer Website is prohibited. Nothing in these Terms constitutes a transfer of any intellectual property rights.
Utilizer and its Partners own or licence certain trademarks which appear on the Utilizer Website. Unauthorised use of those marks is prohibited.
Liability and Indemnity
Except for obligations imposed by law that cannot be excluded, you agree that Utilizer, its Partners and Personnel will not be liable for any cost, loss, damages or expenses (Loss) that you caused or contributed to, or could have prevented or reduced by taking active steps to reduce that Loss (like talking to the Supplier and getting more information, or protecting your computer).
Note that the Supplier, not Utilizer, is the actual service provider, so the Supplier is responsible for any service related issues that you may have. To the extent that Suppliers are lawfully able to restrict or limit liability to consumers, you agree that those same limits apply to services Utilizer gives to you (to the extent relevant).
You and Utilizer also agree that, to the extent permitted by law, in no circumstances whatsoever will any party be liable for any indirect, incidental, special or consequential Loss (for example, Losses not reasonably expected at the time of entry into the Terms), loss of use, loss of data, or loss of profits, however caused (for example, negligence). You and we agree this exclusion of liability applies even if the potentially liable party was advised of the possibility of such Loss.
You will remain responsible for:
- your breach of these Terms;
- your breach of any other legal obligation or law; and
- your acts or omissions.
For your protection, services that involve the provision of confidential information are provided via a secure server. The information is encrypted using the Secure Socket Layer Protocol. This will significantly improve the security of the information you provide.
The information on the Utilizer Website is provided for Australian residents only. The law applicable in the state of Victoria, Australia will apply to these Terms and the resolution of any disputes arising from access to and use of the Utilizer Website. You and Utilizer submit to the exclusive jurisdiction of the court and tribunals of the state of Victoria.
Please contact our Customer Support Officer at the Utilizer Address or email email@example.com if you have any concerns, complaints or feedback regarding this Website. We aim to investigate your complaint and provide a written response within 30 days.
If you have any technical issues when using the Utilizer Website or any suggestions on how they can be improved, please contact the Website Administrator at the Utilizer Address or firstname.lastname@example.org.
Content means the content, text, data, information, images, pages, materials, tools and results contained on the Utilizer Website.
Energy Plan Comparison means the electricity and/or gas comparison service offered on the Utilizer Website, the data for which is provided by a Utilizer Partner, Residential Connections.
Loss means any cost, loss, damage or expense.
Participating Energy Products means various retail energy plans made available by the participating energy providers for comparison on the Utilizer Website and in the Utilizer Call Centre.
Partners means Utilizer’s Related Bodies Corporate, Suppliers and other partners and service providers.
Personnel means the directors, officers, employees, agents and contractors of a person.
Related Bodies Corporate has the same meaning as in the Corporations Act 2001 (Cth).
Supplier means a participating supplier or provider of the goods and services which are available for ranking and comparison on the Utilizer Website.
Residential Connections means Residential Connections Pty Ltd ACN 612 925 434 trading as Compare and Connect.
Utilizer is the registered trading name of Commercial Connections Australia Pty Ltd ACN 619 577 061;
Utilizer Address means Level 24/570 Bourke St Melbourne VIC 3000.
Utilizer Call Centre means the call centre operated by Residential Connections for the promotion, quotation and sale of energy plans which are compared on the Utilizer Website.
Utilizer Email means an email sent by or on behalf of Utilizer to You (as consented by You) providing news, information and offers about Utilizer and the Utilizer Website.
Utilizer Website means the webpages located at www.Utilizer.com.au
You means the user of the Utilizer Website or Utilizer services.