JEMENA GAS METER MATE MOBILE APPLICATION TERMS AND CONDITIONS
These terms and conditions (“Terms”) govern the use of the Jemena Gas Meter Mate mobile application (“Application”). By checking the box against “I have read and accept the terms and conditions” you agree to be bound by these Terms, which constitutes a binding contract between you and Jemena Gas Networks (NSW) Ltd (“Jemena”). If you do not agree to these Terms you should not check the box against “I have read and accept the terms and conditions” and uninstall the Application from your device.
1. JEMENA GAS METER MATE MOBILE APPLICATION
Jemena provides a customer connection service (Service) to you ("you, your") pursuant to a Deemed Standard Connection Contract for JGN (“DSCC”). The Application provides you with the ability to:
(a) create a self meter reading account (“App Account”); and
(b) to submit your own meter readings to Jemena so we can calculate your natural gas usage for the purposes of your retailer billing you.
(a) To be eligible to use this Application, you must be the primary account holder for the Service(s) and the App Account must be in your name.
(b) Subject to clauses 3(c)iii and 3(c)iv below, you may authorise another person to use this Application on your behalf.
3. YOUR RESPONSIBILITIES WHEN USING THE APPLICATION AND OTHER OBLIGATIONS
(a) Subject to these Terms, Jemena grants you a non-exclusive, non-transferable, limited and revocable license use the Application until it is terminated in accordance with clause 7.
(b) All intellectual property in the Application (including trademarks, logos and graphics) is owned or licensed by Jemena and except for a licence to use the Application in accordance with these Terms, nothing in these Terms grants you any right, title or interest in relation to the Application. You must not copy, adapt or otherwise breach any intellectual property rights in the registration process, screen displays and anything else related to the Application.
(c) You must:
- i. only use the Application for lawful purposes;
- ii. only provide information that is true, accurate and complete;
- iii. ensure that any person you have authorised to use the Application (including without limitation other household members or employees) has read and abides by these Terms as though they are a party to them; and
- iv. restrict access to the Application to only persons who you have expressly authorised to use the Application.
(d) You must not use or misuse (or attempt to use or misuse) the Application:
- i. for any unlawful purpose;
- ii. to provide any false or misleading information;
- iii. to breach any law or regulation or allow any person to do the same;
- iv. to undermine the security, integrity or gain unauthorised access to any part of the Application, Jemena’s computing systems or networks;
- v. introduce or transmit any viruses or other malicious code;
- vi. to infringe another person's rights or expose Jemena to liability or do anything which could bring Jemena or its service providers into disrepute;
- vii. in any way to decompile, or reverse-engineer any part of the Application;
- viii. in any way which may damage any property of a third party or injure or kill any person; or
- ix. to transmit any material in violation of the law or rights of any person, including material protected by copyright, material that is threatening, offensive or obscene, material that is defamatory or material protected by trade secrets or privacy.
(e) You are responsible for your own safety and the safety of others when using this Application.
4. YOUR PERSONAL INFORMATION
4.1 Information which Jemena may collect
(a) You acknowledge that any information, including any personal information, provided by you (or by a person authorised by you on your behalf) to Jemena using the Application, is freely given and with your consent for the purposes as stated in these Terms.
(b) Such information includes but is not limited to:
- full name;
- phone number;
- post code;
- numerical meter reading and
4.2 Use of your information
(b) In addition, you specifically consent to Jemena using your personal information and any information you provide when using the Application (including images) to:
- i. verify your identity for lawful purposes;
- ii. disclose your information to:
- a. your retailer for lawful purposes; and
- b. Jemena’s related bodies corporate, suppliers and contractors to provide and support the Application and related services
- iii. disclose to its service providers (including outsourced and cloud service providers) and/or contractors to process, record and store the information to support and deliver the Application’s functionality;
- iv. conduct research and analysis in an aggregated and de-identified form to improve the Application and related services and to develop new applications and services (in all such circumstances, Jemena will ensure that individuals remain anonymous); and
- v. send you correspondence from time to time for administrative purposes, password resets, tips on use of the Application and other notifications relating to the Application including meter reading information, service interruption notifications and Application updates.
(c) If you do not consent to any of the above uses, you can email Jemena accordingly at email@example.com. However, Jemena may not be able to provide the Application and related services to you if Jemena does not have your requisite consent in respect to your information (including personal information).
5. METERING SERVICE
5.1 Accuracy of information provided by you
Jemena will validate all metering information you provide to Jemena using the Application in accordance with applicable laws, regulations and procedures, which may include cross referencing the information provided by you with other information available to Jemena.
If the metering information provided by you cannot be validated by Jemena, Jemena reserves the right to:
(a) request additional information from you; and/or
(b) estimate your usage in accordance with applicable laws, regulations and procedures.
5.2 Metering data and billing
(a) Jemena is not responsible for your retail bill. Any queries about your retail bill should be directed to your natural gas retailer.
(b) When you register your App Account to perform your own meter reading in respect to your nominated Service(s), you acknowledge and agree that your nominated Service(s) may be removed from Jemena’s scheduled actual meter reading cycle to avoid invaliding the meter readings provided by you.
(c) If you fail to submit the required meter reading information using the Application within the scheduled timeframes notified by Jemena to you:
- i. the meter reading for your Service(s) may be estimated in accordance with applicable laws, regulations and procedures; and
- ii. Jemena may put your Service(s) back onto the scheduled actual meter reading cycle.
5.3 Internet connection
You must arrange for your own mobile device and internet connection in order to access and use this Application.
6.1 Terms Implied by Statute
(a) You have statutory guarantees and other rights that cannot be excluded under the Australian Consumer Law.
(b) Nothing in these Terms limits or excludes any such rights.
6.2 Security of Information
(a) You acknowledge no information transmission over the internet and via telecommunications networks can be guaranteed as totally secure.
(b) Whilst Jemena implements reasonable digital security measures and care to protect such information, Jemena does not guarantee the security of any information which is transmitted in relation to the Application.
(c) Jemena disclaims all responsibility for hacking or other wilful or unauthorised access to such information.
6.3 No Guarantee
(a) Subject to clause 6.1, you acknowledge that the Application and its related systems and processes cannot be guaranteed to be error free or operate on an uninterrupted basis.
(b) You acknowledge that the occurrence of any errors or interruptions will not constitute a breach by Jemena of these Terms.
6.4 Maintenance and down time
Your use of the Application may be temporarily disrupted from time to time for maintenance and related purposes.
6.5 No Liability for Damages
Except as expressly provided in these Terms, you agree that the use of the Application is at your own risk and you acknowledge that Jemena is not liable to you for and that you release Jemena from:
(a) 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 Application and related services;
(b) Jemena is not liable for any failure to comply with these Terms where the failure is due to circumstances beyond Jemena’s reasonable control.
Clauses 6.1, 6.2(c), 6.5, 6.6, 6.7and 9 survive termination of these Terms.
If any provision in these Term is void or otherwise unenforceable, then it will be severed and the rest of the Terms shall remain in force and enforceable.
These Terms apply from the time you download the Application to your mobile device.
These Terms, and any license granted to you herein, terminates upon the occurrence of any of the following circumstances:
(a) you breach any provision of these Terms and upon notice by us that your App Account is terminated;
(b) you cancel your App Account;
(c) you withdraw your consent for Jemena to use information (including personal information) required to receive the services relating to the Application;
(d) your Service(s) linked to your App Account is terminated;
(e) you are no longer the primary account holder of the Services linked to your App Account; or
(f) at Jemena’s sole discretion.
7.3 Consequences of Termination
Following termination, your App Account will be disabled or deactivated and you will no longer be able to use or access data from the Application.
8. CHANGES TO THESE TERMS
(a) Jemena reserves the right to change the functionality of this Application and these Terms at any time.
(b) Jemena will notify you of any material changes via the Application and/ or the email address that you provide in your App Account.
(c) You may cancel your App Account at any time if you do not agree to these Terms (as amended) or at your discretion, by contacting firstname.lastname@example.org.
9. GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia.