Australian Terms and Conditions
Welcome to Besy where you take control of your electricity! We’re excited to have you here but before you start using Besy, we do need you to look through and accept these terms. We’ve done our best to explain it all without using too much jargon, so it’s clear what we expect from you and what you can expect from us.
To make things easier, you’ll find summary paragraphs at the top of each section to give you a heads up on what’s coming up.
These are your legal rights and obligations, so please do read everything. If you can’t agree to our terms, then you can’t use our services. If you still have questions or comments after you’ve read these terms, please contact email@example.com.
Last updated on 15 September 2020.
Joining and using Besy
In this section we explain how to subscribe to Besy and use our services. When you see a word in bold, it will have the same corresponding meaning every time it’s used within these terms.
- You and Besy: When we say you or your, we mean both you and any entity or firm you’re authorised to represent. When we say Besy, we, our or us, we’re talking about EPC Technologies Pty Ltd, trading as Besy and Besy.Energy.
- Our services: Our services consist of all the services we provide now or in the future, including our real-time distributed electricity prices, and our associated Application Programming Interfaces (APIs) and associated products and services.
- Creating a subscription: When you create a subscription to use our services and accept these terms, you become a subscriber. If you’re the subscriber, you’re the one responsible for paying for your subscription.
- The right to use our services: As a subscriber we grant you the right to use our services for as long as the subscriber continues to pay for the subscription, until the subscription is terminated.
- Subscriber role: As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it.
- Rules: When you use Besy you agree to never:
a. Undermine the security or integrity of our computing systems or networks.
b. Use our services in any way that might impair functionality or interfere with other people’s use.
c. Access any system without permission.
d. Introduce or upload anything to our services that includes viruses or other malicious code.
e. Share anything that may be offensive, violates any law, or infringes on the rights of others.
f. Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
g. Resell, lease or provide our services in any way not expressly permitted through our services.
h. Repackage, resell, or sublicense any leads or data accessed through our services.
i. Commit fraud or other illegal acts through our services.
j. Act in a manner that is abusive or disrespectful to a Besy employee, partner, or other Besy customer. We will not tolerate any abuse or bullying of our employees in any situation and that includes interaction with our support teams.
- Your responsibilities: You promise that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations. You’re also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards but you will ensure that passwords are very strong and not easily guessable.
- When we introduce new or revised services: As we are regularly expanding the services included as part of Besy, updated services will come with additional terms. We’ll let you know what those terms are before you start using those services.
- What we own: We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
Unless you’re in a free trial or other offer period, you’ll need to pay for a subscription. The pricing details and other terms of your subscription are explained when you select your plan.
- Trial subscriptions: If you were offered a free trial, it will be for a limited time period. If you choose to continue using our services after the trial, you’ll be billed.
- Besy pricing plans: Your use of our services generally requires you to pay an annual subscription fee of $5.00 plus GST for each location (or meter) you register. Your subscription will auto-renew on the anniversary of your first registration. You may cancel it at any time, but refunds for part year subscriptions will not be provided. We may update the subscription amount, but won’t do so retrospectively and, we’ll notify you in advance.
- Additional services: Depending on where you’re based and how you use our services, you may be able to take advantage of additional services that Besy offers – like electricity or equipment sales. These might incur an additional fee that we’ll let you know about when you sign up for those services.
- Importance of timely payments: In order to continue accessing our services, you need to make timely payments. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your subscription until the payment is made.
Third-Party Payments to Besy: Just so you know, some third-party providers may pay Besy a fee that may be related to: services Besy provides to them, referrals from Besy; revenue made by the provider; or data that the providers access about you through our services with your consent.
Data use and privacy
- Data use: You must not repackage, resell, or sublicense any leads or data accessed through our services.
We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours.
- Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.
While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.
- Account security features: We may introduce security features to make your account more secure, such as two-step authentication. If we do, we may require you to adopt some of these features or we make the use of security features optional. If we make a security feature available, we’re not liable for any consequences of you not using those features. We strongly encourage you to use all optional security features.
- Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately.
Maintenance, downtime and data loss
We really try to minimise any downtime, but sometimes it’s necessary so we can keep our services updated and secure. You also may have occasional access issues and may experience data loss.
- Availability: We strive to maintain the availability of our services, and provide online support, during business hours a day. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.
- Access issues: We jointly rely on the internet. Occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time.
- Data loss: Data loss is an unavoidable risk when using any technology. We will back up data but are not responsible should data be lost or not be available.
- No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.
- Problems and support: If you have a problem, contact firstname.lastname@example.org.
- Modifications: We frequently release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavour to notify you where practical (for example, by email, on our blog, or within our services when you log in).
This section provides general do’s and don’t that we and you must follow.
- Feedback: We love your feedback and may use it without restriction.
- Help using our services: Where we provide guidance and support to help you use our services you agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.
- No-charge or beta services: Occasionally we may offer a service at no charge – for example a beta service, or a time-limited trial account. Because of the nature of these services, you use them at your own risk.
- System security and integrity: You must not undermine the security or integrity of our computing systems or networks.
- Use by others: You must not use our services in any way that might impair functionality or interfere with other people’s use.
- Access: You must not access any Besy system without permission.
- Uploads: You must not introduce or upload anything to our services that includes viruses or other malicious code.
- Sharing: You must not share anything that may be offensive, violates any law, or infringes on the rights of others.
- Copying: You must not modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
- Reselling or providing our services: You must not resell, lease or provide our services in any way not expressly permitted through our services.
- Legal use: You must not commit fraud or other illegal acts through our services.
- Respect and equality: You must not act in a manner that is abusive or disrespectful to a Besy employee, partner, or other Besy customer. We will not tolerate any abuse or bullying of our Besy employees in any situation and that includes interaction with our support teams.
You can terminate your subscription by providing written notice. We may terminate your subscription as well by providing one month’s notice. If you violate these terms, we may terminate your subscription immediately.
- Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee. You may choose to terminate your subscription at any time.
- Termination by Besy: Besy may choose to terminate your subscription at any time by providing you with one month's written notice in advance. Besy may also terminate or suspend your subscription or access to all or any data immediately if:
- you breach any of these terms and do not remedy the breach within 7 days after receiving notice of the breach,
- you breach any of these terms and the breach cannot be remedied,
- you fail to pay subscription fees, or
- you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
- No refunds: No refund is due to you if you terminate your subscription or Besy terminates it in accordance with these terms.
- Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We may retain it for a period of time, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. However we are under no obligation to maintain this data and will do so only for a limited period of time. You can get in touch with us to have your data removed immediately if you wish.
Liability and indemnity
This section outlines liability terms between us.
- You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
- Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. Subject to the consumer law term (clause 46), we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
- Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
- For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
- Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription.
This section outlines how disputes may be resolved.
- Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting our support team at email@example.com. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Here we set out some additional terms. Take a read as they cover important issues.
- Events outside our control: We do our best to control the controllables. We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
- Notices: Any notice you send to Besy must be sent to firstname.lastname@example.org. Any notices we send to you will be sent to the email address you’ve provided us through your subscription.
- Consumer laws: Depending on your location, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable consumer guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable consumer guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable consumer guarantee says otherwise).
- Excluded terms: The terms of the United Nations Convention on Contracts for the Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these terms.
- Blocking your access, disabling your subscription, or refusing to process a payment: As our site covers multiple jurisdictions, different laws may apply in different countries that restrict our relationship with you. We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk of a potential breach of a law or regulation that is associated with you, your company, your subscription, or a payment. We may take any of these actions without notice.
- Relationship between the parties; assignment: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber. You’re solely responsible for resolving disputes between you and any other subscriber. Besy may assign these terms - or any of our rights or obligations in these terms - to another Besy entity as it deems appropriate. Besy entities are the companies controlled by or under common control with EPC Technologies Pty Ltd (ABN 64 612 341 849.
- Enforcement of terms: If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.