Smart Home starter kit

Please read these terms carefully as it sets out what you need to know about the terms and conditions of purchasing a Smart Home Starter Kit. 

The Program is an Ancillary Product as defined in your Market Contract. These terms constitute Ancillary Product terms and conditions pursuant to your Market Contract. 

It is agreed as follows.

1. Definitions and interpretation

1.1 Definitions

In these terms, the following definitions apply unless the context requires otherwise:

Australian Consumer Law has the meaning specified in clause 9(a).

Commencement Date means the date you accept these terms, as specified in your Welcome Pack.

Device means a device forming part of the Smart Home Starter Kit.

Fee Table means the table of fees applicable to the Program and specified in clause 6(a).

Mailing Address has the meaning specified in clause 5(b).

Market Contract means AGL's market retail electricity contract to which these terms are an Ancillary Product.

Non-Excludable Obligation has the meaning specified in clause 9(a).

Program means the AGL Smart Home Starter Kit pilot program.

Smart Home Starter Kit means the starter kit selected by you at the time you accept these terms, as specified in your Welcome Pack.

Smart Home Starter Kit Daily Rate means the daily rate applicable to the Smart Home Starter Kit specified in the Fee Table and in your Welcome Pack.

Smart Home Starter Kit Purchase Price means the purchase price specified in the Fee Table for the Smart Home Starter Kit and in your Welcome Pack.

Term means the period commencing on the Commencement Date and ending either 12 months or 24 months later (as selected by you at the time you accept these terms and as specified in your Welcome Pack), unless otherwise terminated in accordance with clause 8.

Welcome Pack means the welcome pack you receive containing details about the Smart Home Starter Kit.

1.2 Interpretation

All terms which are defined in the Market Contract will have the same meaning if used in these terms unless expressly provided to the contrary.

2. Program

(a) You agree to participate in the Program on the terms and conditions set out in these terms.

(b) AGL will provide you with the Devices set out in the Smart Home Starter Kit for the Purchase Price on the terms and conditions set out in these terms.

3. Eligibility criteria for participation

(a) To participate in the Program, you must, during the Term:

(i) be the account holder for the electricity Market Contract at the Supply Address;

(i) be on a Market Contract;

(i) reside in Victoria, New South Wales, South Australia or Queensland; and

(i) remain the AGL electricity account holder for the Supply Address.

(i) not have any overdue debts on any other AGL account, including in respect of your Market Contract;

(b) You must promptly notify us if you are or expect to no longer be eligible to participate in the Program.

(c) You may only purchase a maximum of two Smart Home Starter Kits per Supply Address during the Term.

(d) You acknowledge and accept the following:

(i)The Program is an ‘Ancillary Product’ within the meaning of your Market Contract and is not the ‘supply of electricity’ and does not form part of an Energy Plan.

(i) Other than as stated in this Agreement, this Agreement does not alter your Energy Plan. For the avoidance of doubt, purchasing a Smart Home Starter Kit under the Program does not vary any underlying Rates or Charges specified in your Energy Plan. Any retailer discounts or concessions to which you may be entitled under your Energy Plan will not apply to the Smart Home Starter Kit Purchase Price nor to the Smart Home Starter Kit Daily Rate.

4. Change of supply address

If you change your Supply Address, these terms will automatically terminate.

5. Delivery of devices 

(a) The Devices will be dispatched to you within 10 Business Days from the Commencement Date. Once dispatched, delivery of the Devices will be subject to standard delivery timeframes. Delivery timeframes may vary.

(b) The Devices will be dispatched to the mailing address associated with your AGL account unless you notify us of another address during the sign-up process (Mailing Address). You must make sure that the Mailing Address you have provided us is correct and up to date. 

(c) Except to the extent otherwise required by law, (including without limitation the Non-excludable Obligations under the Australian Consumer Law) AGL will not be liable to you for any loss, damage, cost or expense from your Mailing Address being incomplete or inaccurate or any delay in delivery. 

(d) Upon delivery of the Devices to your Mailing Address, you may be required to sign a proof of delivery document and if you are not available to take delivery at the Mailing Address, the Devices will be taken to a local depot or post office and details will be left to enable You to collect the Devices from such location. If the Devices are returned to AGL due to non-collection, you will need to contact AGL to arrange for re-delivery of the Devices to your Mailing Address.

(e) Risk in each Device passes to you on the date and at the time of delivery of the Device to the Mailing Address or, if applicable, upon collection by you at your local depot or post office. Title in each Device passes to you upon payment of the Smart Home Starter Kit Purchase Price in full.

(f) A Device may suddenly become unavailable due to reasons beyond AGL's reasonable control. Should a Device become unavailable, you will be informed as soon as practical. Except to the extent otherwise required by law, (including without limitation the Australian Consumer Law), AGL will not be liable to you if a Device becomes unavailable due to reasons outside of AGL's reasonable control. For the avoidance of doubt, you may terminate these terms at any time if a Device becomes unavailable, and AGL will refund any payments made relating to the Program.

6. Payment

(a) During the Term, you will be charged the Smart Home Starter Kit Purchase Price, which will be calculated at the Smart Home Starter Kit Daily Rate as set out in the table below and billed in accordance with your Usual Billing Period with your AGL electricity bill. 

Fee table:

(b) You agree that (at our option) AGL may at any time (and including where previously billed on an electricity bill associated with your AGL electricity Energy Plan) invoice you directly for any amounts owing to AGL under these terms, including if your Market Contract terminates or if You do not pay any amounts owing to AGL in accordance with these terms.

(c) AGL will issue a valid tax invoice upon request within 28 days.

7. Duration and termination of the program

(a) These terms commence on the Commencement Date and will continue for the Term unless terminated in accordance with these terms.

(b) As the Program is an Ancillary Product pursuant to your Market Contract, your participation in the Program will end if you terminate your Market Contract for any reason, including if AGL ceases to be Responsible for the sale and Supply of electricity at your Supply Address (other than pursuant to clause 4).

(c) We may terminate these terms if you become ineligible to participate in the Program or fail to make payments for a period of more than 180 days.

(d) You may terminate these terms at any time by advising us that you wish to cease participation in the Program.

(e) Upon termination of these terms (other than in accordance with clause 5(f)), you must pay the outstanding balance of the Smart Home Starter Kit Purchase Price in a lump sum.

8. Consumer rights 

(a) Notwithstanding anything to the contrary in these terms, to the extent that you acquire goods or services from AGL as a consumer within the meaning of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (as amended or replaced from time to time) (Australian Consumer Law), you may have certain rights and remedies that cannot be excluded, restricted or modified by agreement. Nothing in these terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would contravene that statute (Non-excludable Obligation).

(b) Except in relation to the Non-excludable Obligations or as otherwise set out in your Market Contract:

(i) AGL excludes liability for all consequential loss arising out of or in connection with the supply, use or performance of any goods (including any Device) or services from AGL, including liability for loss of income, loss of profits, loss of a contract, data loss, loss of goodwill, loss of potential business, or any damage to personal property or any personal injury whether direct or indirect, or any kind; and

(ii) AGL’s liability is limited, at AGL’s option, to: in the case of goods (including any Device), the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.

9. Privacy

Without limiting AGL’s privacy policy, if you use a third-party service (including an Amazon or Google service, such as Alexa or Google Home, TP Link or Sensibo device) which has partnered with AGL and seek information or use functions that relates to AGL, you consent to AGL providing your data and your Personal Information to that third party service and acknowledge that the collection and use of that data and Personal Information by the third party service provider will be governed by that provider’s privacy policy and additional terms of use. AGL may use a third party logistics service, and may use or disclose your Personal Information for the purposes of delivering a Device to you.