Terms and Conditions
TERMS AND CONDITIONS OF SERVICE
These Terms govern the use by the Customer of any of the Services that Make It Cheaper agrees to provide to the Customer from time to time. Please read these Terms carefully before using the Services.
1.1 The following definitions apply to these Terms and Conditions of Service (the "Terms"):
Contract: means any contract between a Supplier and the Customer.
Customer: means any customer who satisfies the eligibility requirements set out in clause 3 and to whom Make It Cheaper agrees to supply any of the Services from time to time.
Existing Supplier: means the Customer's existing energy retail supplier.
Make It Cheaper: means Make It Cheaper Pty Limited (ABN: 29 138 847 757), which is a company registered in Australia and which has an office at Level 5, 100 William St, Woolloomooloo, NSW, 2011.
Quotation: means a quotation provided to the Customer by Make It Cheaper on behalf a Supplier which sets out the terms and prices upon which a Supplier may be prepared to supply the Supplier Services to the Customer.
Services: the services provided by Make It Cheaper, including the Price Comparison Service described in clause 4.1, the Switching Service described in clause 4.3, and the Do It For You Service described in clause 4.4.
Site: means the website www.makeitcheaper.com.au.
Supplier: means any energy retail supplier as may be selected by Make It Cheaper and/or listed on the Site from time to time, including the Existing Supplier (where applicable).
Supplier Services: means the energy retail supply services and/or products as may be agreed to be provided by a Supplier to a Customer from time to time.
2. Application of Terms
2.1 These Terms will apply to the provision of any Service by Make It Cheaper to a Customer. Make it Cheaper may also ask the Customer to accept additional terms relevant to the provision of certain Services (such as the Do It For You Service). These will be separately provided to the Customer and will apply in addition to these Terms.
2.2 No other terms provided by the Customer, or implied by trade, custom, practice or course of dealing, will apply to the Services unless specifically agreed to by Make It Cheaper.
3. Eligibility to use the Services
In order to be eligible to use the Services, the Customer must:
(a) be the owner or occupier of premises (whether residential or business) to which energy is sold or proposed to be sold;
(b) if a business, have an Australian ABN and / or ACN;
(c) if an individual, be aged eighteen years or over; and
(e) be able to provide Make It Cheaper with all such relevant information as Make It Cheaper may require in order to provide the Services to the Customer.
4. Provision of Services
Price Comparison Service
4.1 If the Customer opts for and Make It Cheaper agrees to provide the Price Comparison Service, Make It Cheaper will, upon request from time to time from the Customer, provide the Customer with information on Suppliers' prices. Make It Cheaper will use its reasonable endeavours to secure favourable and competitive prices on behalf of the Customer and will provide the Customer with relevant Quotations obtained by the Suppliers for consideration by the Customer. Make It Cheaper and the Supplier reserve the right to revise, amend or withdraw any Quotation at any time upon informing the Customer.
Facilitating new Supply arrangements
4.2 If the Customer opts for and Make It Cheaper agrees to provide the Switching Service or the Do It For You Service, the Customer will facilitate the switching of the Customer to a new Supplier, or to new or renewed arrangements with its Existing Supplier.
4.3 The Switching Service will involve seeking and obtaining the Customer’s consent to the new Contract with the Supplier for the supply and purchase of the Supplier Services.
Do It For You Service
4.4 The Do It For You Service will involve Make It Cheaper acting as the Customer’s agent to source and enter into Contracts with Suppliers on the Customer’s behalf, on an ongoing basis (as and when they are due to expire or be renewed), until Make It Cheaper’s authority is revoked.
5. Contracts with Suppliers
5.1 The Customer acknowledges that by entering into a Contract with a Supplier, the Customer will be contracting directly with the Supplier and not with Make It Cheaper. The Customer agrees that Make It Cheaper is not liable in any way in relation to any transactions, dealings or arrangements of any kind made between the Customer and any Supplier and that any such transaction, dealing or arrangement (including any payment obligations of the Customer) is the Customer's sole risk and responsibility.
5.2 It is the Customer's responsibility to ensure that all the Customer information under the Contract is true, accurate, complete, reliable and current in all respects and to inform Make It Cheaper promptly if there are any errors. If any of the Customer information needs to be amended or rectified, this may result in the transfer being delayed or rejected by the Supplier.
5.3 Make It Cheaper will not be responsible for any delay or failure caused by any Supplier or Existing Supplier in relation to effecting any transfer.
5.4 While Make It Cheaper will use all reasonable endeavours to secure new Supply Contracts at competitive prices, the extent of any savings under that Supply Contract will be dependent on a number of matters, not all of which can be predicted at the time of entering into the Supply Contract.
6.1 Make It Cheaper will provide the Services completely free of charge.
6.2 Make It Cheaper receives payments from energy Suppliers, who pay a commission to MIC once a new Supply Contract successfully begins.
7. Contacting the Customer
7.1 The Customer consents to Make It
Either the Customer or Make It Cheaper may terminate the Services at any time.
9. Limitation on Liability
9.1 Make It Cheaper will exercise reasonable skill and care in providing the Services. However, the performance of the Services by Make It Cheaper may be dependent upon third parties (including Suppliers and Existing Suppliers) and Make It Cheaper is not able to guarantee or accept any responsibility for any failure or delay caused by such third parties or for any inaccurate, incomplete or unreliable information provided to the Customer by such parties via Make It Cheaper.
9.2 The Customer agrees that, subject to clauses 9.3 and 9.4:
(a) Make It Cheaper will not be liable to the Customer for any claim by the Customer (for which Make It Cheaper may otherwise be legally liable) that is not submitted in writing within 3 months of the Customer becoming aware of the relevant circumstances; and
(b) Make It Cheaper's total liability for all losses of whatever nature suffered by the Customer for which Make It Cheaper may be legally liable is limited to the lesser of: (i) the Customer’s actual loss; and (ii) the commission earned by Make It Cheaper from the Supplier as a result of Make It Cheaper securing and finalising the Contract between the Supplier and the Customer.
9.3 Subject to clause 9.4, the Customer agrees that Make It Cheaper will not be liable for any: (a) indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; (b) loss of profit or savings; (c) loss or corruption of data or information; (d) loss of contracts, business or opportunity; (e) damage to goodwill or reputation; in each case whether direct or indirect and in each case whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with the Services, in each case even if Make It Cheaper has been forewarned or is aware of the possibility of such loss or damage.
9.4 Make It Cheaper does not exclude or limit its liability (if any) in any way:
(a) for death or personal injury caused by Make It Cheaper's negligence;
(b) for fraud or fraudulent misrepresentation; or
(c) for any matter from which it is unlawful to exclude, or attempt to exclude, Make It Cheaper's liability, including under any consumer guarantees under the Australian Consumer Law.
10. Force majeure
Make It Cheaper will not be liable to the Customer if Make It Cheaper is prevented from or delayed in performing any of its obligations in relation to the provision of any of the Services, or from carrying on its business, by acts, events, omissions or accidents beyond Make It Cheaper's reasonable control.
11. Transfer of rights and obligations
11.1 The Customer may not transfer, assign, charge or otherwise dispose of any of its rights or obligations arising under these Terms, without Make It Cheaper's prior written consent.
11.2 Make It Cheaper may at any assign any of its rights under these Terms to a third party, charge any of its rights under these Terms in favour of a third party, engage subcontractors to perform any part of the Services, or novate its rights and obligations under these Terms to a third party on terms specified by Make It Cheaper, without the Customer’s consent.
12. Governing Law and Jurisdiction
12.1 These Terms are governed by the laws of the State of New South Wales, Australia.
12,2 Each party submits to the exclusive jurisdiction of courts exercising jurisdiction in New South Wales and courts of appeal from them in respect of any proceedings arising out of, or in connection with, the Services. Each party waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.
13. Changes in Supplier pricing
Make It Cheaper makes its price comparisons and recommendations based on Suppliers’ pricing at the point at which it is offered by Suppliers. Customers should be aware that many Suppliers include terms permitted the Supplier to change the pricing during the Contract in some circumstances.
14. Customer Savings Guarantee
14.1 Make It Cheaper provides a Customer Savings Guarantee to all Customers that change Suppliers by using the Make It Cheaper Switching Service. The savings guarantee is intended to provide the Customer with the confidence that the new Supplier they choose will save them money, and is likely to do so for the following 12 months. However, this guarantee does not apply to the Do It For You Service; a separate “Make It Easy Guarantee” instead applies to that service, as described in the terms for that service separately provided to the Customer.
14.2 Should any Customer consider that a saving was not achieved after a period of 12 months under the new Supplier, then the Customer must present its bills for the past 12 months to Make It Cheaper. Make It Cheaper will analyse those bills and compare:
(a) the Customer’s total charges in those bills for the past 12 months; with
(b) what the Customer’s total charges would have been for that same 12 month period, had the Customer remained with the Existing Supplier on its existing product (but at the new prices for that product that would have applied, and the Customer’s actual consumption, for those 12 months).
Should Make It Cheaper conclude that the Customer did not indeed save money as a result of using the Make It Cheaper service, then Make It Cheaper will provide the Customer with $100 off their next energy bill.
15. Amending these Terms
Make It Cheaper may amend these Terms from time to time, to reflect Make It Cheaper’s reasonable business needs, by updating the Site. Any amendment will apply to Services provided after the date of publication.
TERMS AND CONDITIONS OF COMPETITIONS
Competitions are offered at the generosity of Make It Cheaper. The purpose of the competition is to engage you, the business owner / member of staff / or residential customer with current and future promotions of the Make It Cheaper service which is aimed at both business and residential electricity customers in Australia. To enable this, we require accurate information so we know who you are.
If you provide obviously inaccurate or spurious information, we reserve the right to not nominate you as a prize winning contender. Equally, if we cannot establish that you are an Australian business or residential electricity customer - typically that means you will have a Australian Business Number (ABN) or Australian Company Number (ACN) or
are capable of providing ID such as a Medicare Number - we reserve the right to not nominate you as an entrant in the prize draw.
If you are not an Australian business or residential electricity customer, please do not provide us with your details.