AGED METER REPLACEMENT APPOINTMENT TOOL
TERMS AND CONDITIONS
These terms and conditions (“Terms”) govern the use of the Jemena Gas Planned Supply Interruption Appointment Tool (“Tool”). By checking the box against “I 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 accept the terms and conditions” and discontinue use of the Tool.
1. JEMENA AGED METER REPLACEMENT APPOINTMENT TOOL
- Jemena provides a customer connection service (Service) to you ("you, your") pursuant to a Deemed Standard Connection Contract (“DSCC”). Pursuant to the DSCC and relevant legislation Jemena may make planned interruptions to your Service (a “Gas Planned Supply Interruption” or “GPSI”) for the purpose of maintenance of metering equipment.
- The DSCC can be accessed at this link https://jemena.com.au/documents/gas/deemed-standard-connection-contract.aspx.
- The Tool provides a service which enables you to accept an allocated time for a GPSI and also to reschedule an allocated time for a GPSI.
- You agree that by accepting or rescheduling an allocated time for a GPSI using the Tool, you provide your explicit consent to the GPSI for the purposes of section 90 of the National Energy Retail Rules (“NERR”) as applicable.
- Jemena makes no guarantee or representation that the GPSI will occur at the allocated or rescheduled time.
- You agree to provide adequate access to Jemena employees and contractors to enable meter maintenance to be carried out.
To be eligible to use the Tool, you must be the primary account holder for the Service(s) or be authorised by the primary account holder to use this Tool on their behalf.
3. YOUR RESPONSIBILITIES WHEN USING THE TOOL AND OTHER OBLIGATIONS
- Subject to these Terms, Jemena grants you a non-exclusive, non-transferable, limited and revocable license use the Tool until it is terminated in accordance with clause 6.
- All intellectual property in the Tool (including trademarks, logos and graphics) is owned or licensed by Jemena and except for a licence to use the Tool in accordance with these Terms, nothing in these Terms grants you any right, title or interest in relation to the Tool. You must not copy, adapt or otherwise breach any intellectual property rights in the registration process, screen displays and anything else related to the Tool.
- You must:
- arrange for your own internet connection in order to access and use the Tool;
- only use the Tool for lawful purposes;
- only provide information that is true, accurate and complete;
- ensure that any person you have authorised to use the Tool (including without limitation other household members or employees) abide by these Terms; and
- restrict access to the Tool to only persons who you have expressly authorised to use the Tool.
- You must not use or misuse (or attempt to use or misuse) the Tool:
- for any unlawful purpose;
- to provide any false or misleading information;
- to breach any law or regulation or allow any person to do the same;
- to undermine the security, integrity or gain unauthorised access to of any part of the Tool, Jemena’s computing systems or networks;
- introduce or transmit any viruses or other malicious code;
- to infringe another person's rights or expose Jemena to liability or do anything which could bring Jemena or its service providers into disrepute;
- decompile, or reverse-engineer any part of the Tool;
- in any way which may damage any property of a third party or injure or kill any person; or
- transmit any material in violation of the law or rights of any person, including material protected by copyright, material that is threatening or obscene, material that is defamatory or material protected by trade secrets or privacy.
4. YOUR PERSONAL INFORMATION
4.1 Information which Jemena may collect
- You acknowledge that any information, including any personal information, provided by you to Jemena is freely given by you and with your consent for the purposes as stated in these Terms.
- Such information may include, without limitation:
- Full name;
- Street address;
- Phone number; and
- Access arrangements.
4.2 Use of your personal information
- In addition, you specifically consent to Jemena using your personal information and any information you provide when using the Tool (including images) to:
- verify your identity for lawful purposes;
- disclose your information to:
- your retailer for lawful purposes;
- Jemena’s suppliers and contractors to provide and support the Tool and related services;
- conduct research and analysis in an aggregated and de-identified form to improve the Tool and related services and to develop new Tools and services (in all such circumstances, Jemena will ensure that individuals remain anonymous);
- Jemena sending you correspondence from time to time for administrative purposes and other notifications.
- If you do not consent to any of the above uses, you can email Jemena accordingly at firstname.lastname@example.org. However, Jemena may not be able to provide the Tool and related services to you if Jemena does not have your requisite consent in respect to your information (including personal information).
5.1 Terms Implied by Statute
- You have statutory guarantees and other rights that cannot be excluded under the Australian Consumer Law.
- Nothing in these Terms limits or excludes any such rights.
5.2 Security of Information
- You acknowledge no information transmission over the internet and via telecommunications networks can be guaranteed as totally secure.
- 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 Tool.
- Jemena disclaims all responsibility for hacking or other wilful or unauthorised access to such information.
5.3 No Guarantee
- Subject to clause 5, you acknowledge that the Tool and its related systems and process cannot be guaranteed to be error free or operate on a uninterrupted basis.
- You acknowledge that the occurrence of any errors or interruptions will not constitute a breach by Jemena of these Terms.
5.4 Maintenance and down time
Your use of the Tool may be temporarily disrupted from time to time for maintenance and related purposes.
5.5 No Liability for Damages
- Except as expressly provided in these Terms, you acknowledge that Jemena is not liable to you for and that you release Jemena from:
- 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 the GPSI, your use of the Tool, and related services;
- Jemena is not liable for any failure to comply with these Terms where the failure is not completely within Jemena’s control.
Clauses 5, 5.2(c), 5.5, 5.6, 5.7, 6.3 and 8 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 begin from the time you first access the Tool.
These Terms, any license granted to you herein, terminates upon the occurrence of any of the following circumstances:
- you breach any provision of these Terms;
- you withdraw your consent for Jemena to use information (including personal information) required to receive the services relating to the Tool;
- your Service(s) are terminated.
6.3 Information Retention
All information provided to Jemena when using the Tool will be retained by Jemena for a minimum period of 2 years after you cease using the tool. This information is retained for compliance, quality control, auditing, reporting and billing purposes.
7. CHANGES TO THESE TERMS
- Jemena reserves the right to change the functionality of this Tool and these Terms at any time.
- Jemena will notify you of any material changes via the Tool and/ or the email address that you provide.
8. GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia.
You agree to advise all Jemena employees and contractors who attend your premises if you are in quarantine due to COVID-19, have been in contact with any person who has tested positive to COVID-19 or have visited any COVID-19 hotspots in the preceding 14 days.