Terms and Conditions
Last updated 18 March 2025
Please read these terms and conditions (Terms) carefully, as they explain what you need to know about the terms and conditions of participating in AGL’s Peak Energy Rewards Program (Program). By signing up to the Program or continuing to take part in the Program, you agree to be bound by and comply with these Terms. The Program is an Ancillary Product as defined in your Market Contract.
1. Definitions and interpretation
1.1 Definitions
Credits means the credits provided to you by AGL for your successful participation in a Peak Event, as notified to you from time to time.
Electronic Means means any form of electronic communication including email to an agreed email address, text message (SMS or MMS) to an agreed telephone number or a push notification in an app.
Digital Meter means a digital ‘smart’ meter which allows for remote meter reads by your electricity distribution network service provider.
Knowledge Sharing Activities means any activities contemplated by any agreement or regulatory arrangements between us and a Regulatory Authority, governmental body, our related companies, an electricity distribution network service provider or other network service provider.
Life Support Equipment has the meaning provided to it in the Regulatory Requirements.
Market Contract means your agreement with AGL for the supply of electricity, to which these terms are an Ancillary Product.
Notice means a communication given in accordance with clause 10.
Peak Event means any event, generally lasting between one to three hours during a weekday, in accordance with the Program.
Personal Information has the meaning given to the term in the Privacy Act 1988 (Cth).
Regulatory Authority means any governmental or semi-governmental body, including without limitation the Australia Energy Market Operator and the Australian Renewable Energy Agency.
1.2 Interpretation
1.1 All capitalised terms which are defined in the Market Contract will have the same meaning if used in these Terms unless expressly provided to the contrary.
1.2 All references to ‘us’, ‘we’ and ‘our’ means AGL.
2. Eligibility
2.1 To be eligible to participate in the Program, you must:
a. be a residential customer on a Market Contract;
b. be the owner or tenant responsible for the electricity supply to your Supply Address which is located in Victoria, New South Wales, Queensland or South Australia;
c. be and remain the AGL account holder for the Supply Address;
d. have a Digital Meter;
e. be able to reduce your energy consumption during a Peak Event; and
f. agree to receive general AGL marketing communications via email and text message.
2.2 Despite clause 2.1, you will not be eligible to participate in the Program at a Supply Address if:
a. Life Support Equipment is installed or used at that Supply Address;
b. you are participating in this Program at another Supply Address;
c. your Supply Address is located within the distribution area where either Ergon Energy or ActewAGL is your distribution network service provider;
d. you are currently disputing a matter with us in relation to your accounts before an ombudsman; or
e. you or any other person in the Supply Address have an underlying physical or medical condition and rely on electricity for treatment or support, or which may be adversely affected by the reduction of electricity usage.
2.3 If we become aware that your eligibility has changed after you sign up to the Program, we may remove you from the Program or exclude you from participating in Peak Events (at our discretion).
2.4 You must tell us if your medical condition, or the medical condition of another person at your Supply Address, changes after you sign up to the Program which makes you ineligible to participate in the Program.
3. Peak Events
3.1 From time to time, we will determine that a Peak Event will occur. We will send you a text message or push notification inviting you to participate in this Peak Event. We will not provide these communications to you other than via text message or push notification, and it is your responsibility to ensure that you are capable of receiving communications via text message or push notification.
3.2 We may cancel or change the time of a Peak Event in our absolute discretion and we will notify you as soon as reasonably possible of any cancellation or change.
3.3 Each Peak Event notification will include your target reduction level, which we will have customised for you and which may differ between Peak Events, and the value of any Credits. Each Peak Event may last 1 to 3 hours and take place on weekdays between 10am and 10pm in the local time in your State or Territory on the day of the Peak Event. We may run Peak Events on consecutive days. Depending on the location of your Supply Address, you may be offered other opportunities to opt-in to participate in Peak Events and obtain Credits specific to your location, which will be notified to you.
3.4 You may opt-in to participating in a Peak Event by replying to the text message or push notification we send you prior to the Peak Event, within the time frame set out in the text message or notification.
3.5 You are not obligated to participate in a Peak Event when invited to do so by AGL. You will not be eligible for any Credits or any other benefits applicable to the Peak Event if you choose to not participate in that Peak Event.
3.6 We reserve the right not to notify you of a Peak Event if we have reasonable grounds to suspect that you have engaged in any conduct calculated to undermine the fair and proper conduct, or purpose of the Program.
3.7 You are responsible for and must assess and take care of the health and safety of yourself and any other person in your Supply Address prior to and throughout each Peak Event. This includes, assessing on a case by case basis if you would like to participate in each Peak Event, adjusting temperatures and settings accordingly throughout the Peak Event and ceasing participation in a Peak Event if there is any risk.
3.8 In the event that your Digital Meter data for the period covering the Peak Event is not provided or made available to us, you will be deemed not to have participated in the Peak Event.
3.9 We will send you your usage reduction data by Electronic Means within 7 business days after the Peak Event. This will display your usage reduction during the course of the Peak Event against the suggested reduction levels customised for you.
3.10 We will calculate your reduction during a Peak Event and determine whether you are eligible to obtain a Credit. If you are eligible for a Credit, we or one of our Related Bodies Corporate (acting as our agent) will credit the AGL electricity bill associated with your Market Contract in the amount of any Credits. Credits may only be applied as part payment of your AGL electricity bill and are not transferrable and are not redeemable for cash.
4. Termination
4.1 If you no longer wish to participate in the Program and wish to terminate these Terms, you may provide us with Notice in writing at any time.
4.2 We may immediately terminate these Terms and your participation in the Program, or suspend your participation in the Program or a Peak Event, if:
a. you do not meet the eligibility criteria set out in clauses 3.1 and 3.2;
b. we determine, acting reasonably, that you are in breach of these Terms;
c. your Market Contract with AGL ends; or
d. You have an outstanding debt with us which has not been paid and that debt has been referred to a debt collection agency.
4.3 We may also end the Program and terminate these Terms at any time for convenience by providing you with a Notice in writing.
4.4 If this Agreement is terminated:
a. we will no longer inform you of any Peak Events;
b. you will be entitled to retain any Credits that you have already received as at the date of termination.
5. Amendment to Terms
5.1 From time to time we may vary these Terms (including varying any rewards, incentives or other offerings associated with the Program as determined by AGL from time to time) by prior Notice to you. This written Notice will set out the terms of the variation. You may reject the variation by withdrawing from the Program, in which case these Terms will be deemed to be terminated from that date.
5.2 If you accept the terms of the Notice or fail to withdraw from the Program within any reasonable specified time period under any Notice, the variation will be incorporated into these Terms automatically from the date of acceptance or when the period for rejection has lapsed.
6. Liability
6.1 You are responsible for any decision that you make regarding your participation in the Program and any Peak Event, and any changes to your electricity consumption at your Supply Address. This includes assessing and considering if participating in a Peak Event may damage or compromise your appliances or devices.
6.2 You acknowledge and accept that we will measure your electricity usage at any point in time based on the information provided to us by your Digital Meter only, and any determination that we make regarding the amount you have reduced your electricity usage and assessing whether you have been successful in the Peak Event is final and binding.
6.3 To the extent permitted by law and subject to the Regulatory Requirements, we will not be liable for any loss, harm, damage, cost, expense (including legal fees) or third party claims, or in the nature of special, indirect, consequential loss or damage which you pay, suffer, incur or are liable for any reason in connection with or arising out of the Terms or the Program, including arising directly or indirectly from you:
a. participating in the Program; or
b. reducing your electricity consumption as requested by us during a Peak Event,
except to the extent that we cause that damage or loss because we breach these Terms or are negligent.
7. Privacy and confidentiality
7.1 We will handle your Personal Information in accordance with our privacy policy available at agl.com.au/privacy-policy
7.2 You agree that we may access and use data from your Digital Meter, your national metering identifier and responses to surveys and customer feedback for any reasonable purposes in connection with this Program, including but not limited to:
a. calculating and processing Credits to you;
b. sharing your Personal Information and national metering identifier with third parties, including your distribution network service provider, any Regulatory Authority or such other entity associated with the Program;
c. to provide reporting to any Regulatory Authority; and
d. the capturing, collating and analysis of your responses to surveys, feedback and communications to us and third parties engaged by us in respect of the Program (including for the purposes of improving future Programs),
and you consent to such third parties, Regulatory Authorities and your distribution network service provider using and sharing such Personal Information and national metering identifier for any purpose they see fit, subject to any applicable privacy laws including the Privacy Act 1988 (Cth).
7.3 It is important that we learn as much as possible from your participation and keep you informed about methods that we reasonably determine may be relevant to you reducing or managing your energy usage as part of the Program. Therefore, you provide your express consent and agreement to AGL contacting you by direct mail, telephone or Electronic Means:
a. to request feedback from time to time. We will generally ask for feedback by calling you or requesting that you complete an online survey; and
b. to inform you of energy insights, energy management tips or AGL products and services (or program partner products and services) that may assist you to reduce or manage your energy.
7.4 If you provide us with a secondary contact person to notify, you confirm that you have obtained the consent of the relevant person for us to send notifications.
7.5 You agree and consent to us or our related companies:
a. contacting you regarding a Peak Event, the reduction in your electricity usage and any other matter connected to the Program;
b. contacting you in relation to future trials or demand response programs that we may conduct;
c. using your electricity consumption and reduction data for internal assessments, developing new products and services and marketing activities for existing or new products and services;
d. monitoring your electricity consumption and reduction data and sharing this data, as well as your Personal Information and national metering identifier, with a Regulatory Authority or distribution network service provider for the Knowledge Sharing Activities; and
e. notifying you from time to time about any competitions that are running associated with the Program by Electronic Means or by posting the details on our website.
7.6 You acknowledge that we may elect not to include an unsubscribe facility in Program communications that we issue even if one would otherwise be required to under the Spam Act 2003 (Cth).
7.7 By participating in the Program, you agree to receive all Program communications, including text message notifications of upcoming Peak Events. If you wish to unsubscribe from Program communications, you can deregister at any time by clicking the deregister link in your Program text message, by emailing peakenergyrewards@agl.com.au, by calling AGL on 1300 377 118 and selecting option ‘3’ or via My Account - here. If you deregister from the Program or unsubscribe from general AGL marketing after signing up to the Program, you will no longer be eligible to participate in the Program.
8. Change of Supply Address or contact details
8.1 You agree to promptly inform us of any changes to your contact details, including:
a. your mobile phone number, which must not be used by any other person who participates in the Program at a separate Supply Address;
b. any secondary contact details, including email address; and
c. the Supply Address set out in My Account.
8.2 You acknowledge and agree that by updating your contact details you are updating your account contact details not just in respect of the Program but also in respect of all other accounts, including in respect of your Market Contract you have with AGL, and that AGL will use these new details to contact you for all communications into the future.
8.3 If you change Supply Address and remain an AGL electricity customer (even if you enter into a new Market Contract with us) at a new Supply Address, you agree that the Program will automatically apply to your new Supply Address provided that you continue to comply with the eligibility requirements in clauses 2.1 to 2.2.
9. Governing Law
9.1 The laws of the state or territory of your Supply Address apply to these Terms. You agree to submit to the non-exclusive jurisdiction of the courts in that state or territory. In some areas, your Supply Address may be located in one state but connected to a distribution system which is primarily located in another state. Where this is the case your Supply Address may be treated for some or all purposes as being in the state in which the distribution system is primarily located.
10. Notices
10.1 Any Notice from us to you may be:
- in person,
- by telephone, or
- in writing, including by Electronic Means, which may consist of a link via email or text message to details on our website or in My Account.
The agreed details we will use to communicate with you will be the contact details set out in your AGL My Account profile.
10.2 Any Notice required to be sent from You to us under this Agreement, must be made in writing to peakenergyrewards@agl.com.au.
10.3 Any written communication is deemed to have been received:
- if sent by mail, two Business Days after the date of sending; or
- if sent by Electronic Means, on the earlier of:
(A) receipt of delivery confirmation; or
(B) the day of transmission, unless otherwise notified that delivery of the communication was unsuccessful or delayed.
10.4 Where any communication under this Agreement is required to be in writing, if you and we agree, the communication may be made in a form other than writing, including verbally over the telephone.