Terms and Conditions
TERMS AND CONDITIONS OF SERVICE
1.1 The following definitions apply to these Terms and Conditions of Service (the "Terms"):
Call Centre: means the call centre operated by Make It Cheaper for the purposes of providing the Services.
Contract: means any contract between the Supplier and the Customer
Contract Management Service: means the contract management service that Make It Cheaper agrees to provide to the Customer whereby Make It Cheaper, having carried out the Price Comparison and Quotation, is given authority by the Customer to ensure that the Customer receives new Supplier Services from a chosen Supplier and agrees for Make It Cheaper to approach the customer by email, phone or otherwise for the purposes of re-soliciting their business for the Services that Make It Cheaper offers.
Credit Score Criteria: means the credit rating requirements as may be determined and required by Make It Cheaper and/or the Supplier from time to time in order for a Customer to qualify to use the Services and contract with a Supplier.
Customer: means any domestic or non-domestic commercial customer who satisfies the eligibility requirements set out in clause 3.2 and to whom Make It Cheaper agrees to supply any of the Services from time to time.
Existing Supplier: means the Customer's existing third party energy/utilities supplier.
Intellectual Property Rights: means any and all intellectual property rights, including without limitation copyright, patents, rights in inventions, design rights, trade marks, service marks (in each case whether registered, unregistered or the subject of an application to register), moral rights, database rights, rights in computer programs, semi-conductor topographies, confidential information, trade secrets, know-how, business, trade and domain names, rights in goodwill and rights to bring a claim for passing off, unfair competition rights and all similar, like and analogous rights wheresoever held in the world and all extensions revivals and reversions thereof and, in each case, all equivalent forms of protection which subsist now or which subsist in the future.
Investigating Letter of Authority: means a letter that the Customer will have to sign authorising Make It Cheaper to act on its behalf and to contact and liaise with the Customer's Existing Supplier, as may be required in the course of Make It Cheaper providing the Contract Checking Service or the Market Monitor Service.
Make It Cheaper: means Make It Cheaper Pty Limited (ABN: 29 138 847 757), which is a company registered in Australia and has its registered office at Unit 8, 42 Blair St, Bondi, NSW, 2026.
Market Monitor Service: means a service provided by Make It Cheaper whereby the Customer gives authority to Make It Cheaper to monitor the electricity prices and secure a Contract with a Supplier for a subsequent term to the initial term of the Customer’s existing Contract with the Existing Supplier at rates that will not exceed those disclosed to the Customer by Make It Cheaper.
Price Comparison Service: means the price comparison service that Make It Cheaper agrees to provide to the Customer whereby the Customer is provided with free, impartial information on Suppliers' prices in relation to the services and products offered by the Suppliers.
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 whether via the Site, the Call Centre or otherwise, to which the Customer chooses to subscribe from time to time, which shall include the Price Comparison Service, the Switching Service and/or the Contract Management Service.
Site: means the website www.makeitcheaper.com.au.
Supplier: means any third party energy/utilities supplier/retailer of services and/or products as may be selected by Make It Cheaper and/or listed on the Site from time to time, including without limitation, the Existing Supplier (where applicable).
Supplier Services: means the energy/utilities supply services and/or products as may be agreed to be provided by a Supplier to a Customer from time to time.
Switching Service: means the switching service that Make It Cheaper agrees to provide to the Customer whereby Make It Cheaper agrees to either: (i) facilitate the switching of the Customer to the Supplier; or (ii) assist in the renegotiation of the Customer's arrangements with its Existing Supplier.
2. Application of Terms
2.1 Subject to clause 2.2 below, these Terms shall apply to the provision of any Service by Make It Cheaper to a Customer and shall apply in place of, prevail over and supersede any other terms or conditions contained or referred to elsewhere (whether in correspondence or otherwise) or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by Make It Cheaper or a Make It Cheaper authorised representative.
2.2 From time to time Make It Cheaper may supplement these Terms with additional terms relevant to the provision of certain Services, including without limitation the Contract Management Services. These additional terms may be placed on the Site and/or sent to you and you agree that any such additional terms are hereby incorporated into these Terms.
3. Subscribing to the Services
3.1 In order to use any of the Services, the Customer will need to register with Make It Cheaper via the Call Centre or the Site. Make It Cheaper may, in their sole discretion, refuse to register any business as a Customer.
3.2 In order to be eligible to register to use the Services, the Customer must:
(a) be a domestic Customer, owner occupier, or at least have full responsibility for the management and payment of their electricity and / or gas bill
(b) be a business that has an Australian ABN and / or ACN;
(c) be aged eighteen years or over (if a sole trader);
(d) meet any Credit Score Criteria required by Make It Cheaper and/or any Supplier; 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. For the purposes of the Do Not Call Register 2006, the Customer consents for the use of its telephone number and contacts details by Make It Cheaper solely for the purposes of providing the Services.
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 use its reasonable endeavours to negotiate and secure as favourable and competitive prices as possible on behalf of the Customer and will provide the Customer with any 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.
4.2 The provision of any Quotation by a Supplier via Make It Cheaper does not constitute an offer to the Customer and the terms of a Quotation and duration for which any Quotation will be valid will vary depending on the Supplier.
4.3 All offers made by Customers shall be subject at all times to the Supplier's acceptance and the Supplier shall be entitled at any time to refuse to accept a Customer's offer for any reason at the Supplier's sole discretion. No offer placed by the Customer shall be accepted by the Supplier other than: (a) by a written acknowledgement issued and executed by the Supplier; or (b) (if earlier) by the Supplier starting to provide any of the Services.
4.4 If the Customer makes an offer based on a Quotation and if the Supplier accepts the Customer's offer, Make It Cheaper will provide the Switching Service which will include organising the contract for the supply and purchase of the Supplier Services. Make It Cheaper shall not be responsible for any delay or failure caused by any Supplier or Existing Supplier in relation to effecting any transfer.
4.5 Make It Cheaper will arrange the Contract based on the information provided by the Customer to Make It Cheaper. Prior to completion of the Contract, the Customer's information will be confirmed by Make It Cheaper with the Customer by email, via the Call Centre (verbally) or by letter. It is the Customer's responsibility to ensure at this point that all the Customer information is true, accurate, complete, reliable and current in all respects and to inform Make It Cheaper promptly if there are any errors and/or if any amendments are required. 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.
4.6 Once the Contract is in final form, Make It Cheaper or the Supplier will send a summary of the key terms of the Contract to the Customer. The Customer must check that all the details are correct and must inform Make It Cheaper or the Supplier (whichever was the originator) of any errors and/or amendments within 24 hours of receipt.
4.7 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 arrangements (including, without limitation, any payment obligations of the Customer thereunder) are the Customer's sole risk and responsibility.
4.8 The Customer agrees that within reasonable time and by no later than 15 days prior to the last day upon which notice to terminate the Contract can be served by the Customer, the Customer shall contact Make it Cheaper so as to enable Make It Cheaper to perform the Price Comparison Service again on behalf of the Customer. The Customer also requests Make It Cheaper to contact the Customer, should Make It Cheaper wish to do so, at any time during the currency of the Contract for the same purpose.
Market Monitor Service
4.9 The Customer may instruct Make It Cheaper to provide the Market Monitor Service at any time.
4.10 Where the Customer instructs Make It Cheaper to provide the Market Monitor Service, the Customer hereby grants Make It Cheaper the authority to act as its agent in relation to the negotiation and execution of a new Contract in respect of any term subsequent to the Customer’s first year of its existing Contract with the Existing Supplier, for and on behalf of the Customer.
4.11 Make It Cheaper shall use reasonable endeavours to enter into a new Contract for less than or equal rates to those agreed at the point of entering into the existing Contract. A new Contract shall not be created on behalf of the Customer if such rates cannot be secured.
4.12 Make It Cheaper shall only be permitted to extend the Contract for as long as agreed in the order form, without further approval from the Customer.
4.13 During the period of provision of the Market Monitor Service, the Customer undertakes not to enter into direct negotiations and/or any other contractual arrangements with the Existing Supplier or any other Supplier in respect of the Supplier Services.
4.14 The Customer undertakes to inform Make It Cheaper promptly (and not less than 30 days prior to the Contract renewal date), in the event of the following:
(a) change in tenancy ("COT") of the Customer. The Customer must provide Make It Cheaper with not less than 30 days' written notice of any COT;
(b) any increased power requirements;
(c) any sale or proposed sale of either the assets of the business of the Customer (or part thereof) or any sale or proposed sale of the entire share capital of the Customer to a third party.
4.15 The Customer shall provide Make It Cheaper with an Investigating Letter of Authority, authorising Make It Cheaper to approach Suppliers to determine if the Customer is a customer of that Supplier in respect of any and all Supplier Services.
4.16 The Customer reserves the right to revoke the agreement to delegate authority to Make It Cheaper at any time. To cancel, the Customer must send a written notice to Make It Cheaper [insert address] or email to [insert email address]. Make It Cheaper will acknowledge the cancellation request by return (NB – a Customer’s cancellation only takes effect once it has been acknowledged by Make It Cheaper).
4.17 For the avoidance of doubt, Make It Cheaper shall not be responsible for the provision of any Supplier Services.
5.1 Make It Cheaper will provide the Services completely free of charge. However, Make It Cheaper reserves the right to be entitled to charge for any of the Services and/or impose charges at any time in its sole discretion, upon reasonable notification to the Customer. If the Customer does not agree to such charges, the Customer shall be entitled to opt out of receiving the Services to which it had subscribed.
6. Customer's obligations
6.1 In addition to the Customer's other obligations set out in these Terms, the Customer warrants, represents and undertakes:
(a) to co-operate with the Supplier(s) in all matters relating to the Services including, without limitation, providing all relevant information in a timely manner as the Supplier(s) and/or Make It Cheaper may require from time to time and that all such Customer information will be true, accurate, complete, reliable and current in all respects;
(b) to comply at all times with these Terms and any applicable terms and conditions imposed by a Supplier in relation to the supply of the Supplier Services;
(c) that any password, user details and/or account number allocated to or created by the Customer to enable the Customer to use the Services shall be kept confidential by the Customer at all times. Make It Cheaper will be entitled to assume that any person using the Customer's password, user details and/or account number is the Customer or someone doing so with the Customer's permission. The Customer shall be responsible and liable for any actions of any person using the Customer's password, user details and/or account number and shall immediately notify Make It Cheaper of any unauthorised use of the same.
7. Intellectual property rights
The Customer agrees that any and all Intellectual Property Rights in or to the Services, any information and/or materials provided the Customer, the Site and any content therein (including, without limitation, the look and feel of the Site) shall remain owned by Make It Cheaper and/or its licensors and any use or attempted use of any of the same shall constitute an infringement of Make It Cheaper's (and/or its licensors') Intellectual Property Rights and may expose the Customer to both civil and criminal liability.
8.1 Without prejudice to the foregoing and any other rights and remedies that Make It Cheaper may have, Make It Cheaper shall be entitled to terminate or suspend the Services immediately upon written notice to the Customer in the event that: (a) the Customer is in breach of any of the provisions of these Terms and that in the case of a breach capable of remedy, such breach shall not have been remedied within 7 days of the date of a written notice from Make It Cheaper to the Customer specifying such breach; or (b) Make It Cheaper suspects on reasonable grounds that the Customer may have committed or attempted to have committed any fraud against Make It Cheaper and/or any Supplier.
8.2 The Customer hereby agrees to indemnify, keep indemnified, defend and hold Make It Cheaper and its parent companies, subsidiaries, affiliates and each of their respective officers, directors, employees, owners, agents, suppliers, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with any use by or conduct of the Customer in relation to any of the Services, any transactions, dealings or arrangements made with any third party as a result of using the Services or any breach of any of the provisions of these Terms or of any law or the rights of any third party.
9. Limitation on Liability
9.1 Make It Cheaper will exercise all reasonable skill and care in providing the Services. However, the performance of the Services by Make It Cheaper may be dependent upon on third parties (including, without limitation, 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 Make It Cheaper shall use its reasonable endeavours to ensure that all pricing information provided by Make It Cheaper to the Customer as part of the Pricing Comparison Service is accurate, current and reliable in all material respects. However, save in respect of the foregoing, Make It Cheaper does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purposes or legality of any information accessed as a result of the Customer's use of the Services, the Site or the Call Centre or otherwise communicated by Make It Cheaper to the Customer.
9.3 Except as expressly provided in these Terms, the Services and the Site are provided on an "as is" basis without representation or warranty of any kind and to the fullest extent permissible pursuant to applicable law Make It Cheaper disclaims all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).
9.4 Subject to the foregoing, if by any mistake, act or omission of Make It Cheaper in the performance of the Services, the Customer suffers a direct financial loss as a result of such mistake, act or omission, Make It Cheaper will compensate the Customer for such direct loss on the following basis:
(a) the Customer must submit any claim in writing within 3 months of identifying the mistake, act or omission that has resulted in such direct; and
(b) Make It Cheaper's total liability for all losses of whatever nature suffered by the Customer as a result of such mistake, act or omission is strictly limited to the lesser of: (i) the amount that the Customer would have saved but for Make It Cheaper's mistake, act or omission; or (ii) the commission fee 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.
9.5 Subject to clause 9.6, the Customer acknowledges and agrees that Make It Cheaper shall not be liable for: (a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the Customer's claim; (b) any 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(s); in each case whether direct or indirect and in each case whether based in contract, tort (including without limitation negligence), strict liability, or otherwise, arising out of or in connection with these Terms, the Services, the Site and/or any use thereof, in each case even if Make It Cheaper has been forewarned or is aware of the possibility of such loss or damage.
9.6 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.
10. Data protection
11. Force majeure
Make It Cheaper shall have no liability to the Customer if it 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, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Make It Cheaper or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, and Make It Cheaper shall be entitled to a reasonable extension of the time for performing such obligations in the event of any such occurrence.
12. No Waiver
Any failure or delay by Make It Cheaper to enforce any of its rights under these Terms is not to be taken as or deemed to be a waiver of that or any other right unless Make It Cheaper acknowledges and agrees to such a waiver in writing.
If any clause or part of a clause of these Terms is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms.
14. Third Party Rights
Except as expressly provided in clause 8.2, the parties agree that the provisions of these Terms are personal to them and are not intended to confer any rights of enforcement on any other third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract or to any of its provisions, other than clause 8.2.
15. Transfer of rights and obligations
15.1 These Terms are binding on the Customer and Make It Cheaper and on each parties' respective successors and assigns.
15.2 The Customer may not transfer, assign, charge or otherwise dispose of these Terms, or any of its rights or obligations arising under them, without Make It Cheaper's prior written consent.
15.3 Make It Cheaper may at any time transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of its rights or obligations arising under them.
16. Entire Agreement
17. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of New South Wales, Australia.
18. Customer Savings Guarantee
Make It Cheaper provides a Customers Savings Guarantee to all customers that change retailers by using the Make It Cheaper service.
The savings guarantee is intended to provide the customer with the confidence that the new retailer they choose will save them money, and is likely to do so for the following 12-months.
Due to changes in retailer pricing, Make It Cheaper cannot guarantee that customers prices will not change, but on the basis of comparing the retailers product that the customer moved away from Make It Cheaper is confident that the choice the customer made by using the Make It Cheaper will result in savings.
Should any customer feel that a saving was not achieved after a period of 12-month from the new retailer taking over the bill, then the customer must present the bills for the past 12-months to Make It Cheaper. Make It Cheaper will analyse those prices against the product and tariff set that the customer had before the change over. 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.
19. Competition rules and conditions
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 businesses and home owners 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 home owner - 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, please do not provide us with your details.