TERMS & CONDITIONS
In these Terms and Conditions, ‘us’ ‘we’ or ‘our’ means EZswitch Pty Ltd ABN 71624597208. You confirm your acceptance of these Terms and Conditions when you use our website, mobile application, social sites or you send us your bill by email, mail or fax. If you do not accept these Terms and Conditions, then please do not use our website, mobile application or send us your bill by email, mail or fax.
We provide our users with a simple electricity and gas comparison service (‘Service’). Our Service is only available to businesses and individuals who are:
- Australian residents;
- Over the age of 16; and
- Responsible for the energy bill at their premises.
When you use our Service we won’t disclose your personal information to any third-party without your consent, but we may disclose your suburb, consumption history, and metering type to our partners.
To use our Service, simply upload or email, post or fax a copy of your most recent electricity or gas invoice. The invoice you send us must be clearly readable, and both sides (and all pages) must be provided. If we can find you an offer that is likely to be better than your current plan, we will send that offer to you.
If we send you an offer and you accept that offer, we will:
- Provide your contact and meter details to the relevant energy retailer;
- Receive your energy usage and a copy of your bill directly from that retailer to get an accurate view of your usage and costs; and
- To ensure your energy plan is competitive, we will conduct a reassessment of your plan every 12-months or whenever we believe your plan rates have increased excessively compared to the general market rates.
We do not warrant that our Service is comprehensive. Our analysis is limited to a number of factors, as set out below.
Basis of our Recommendation
Our Service is limited by the following:
- The number and variety of offers available to us at any point in time (which will not be representative of all of the offers that may be available to you);
- The limited data available with the invoice you send us (noting that energy usage is variable throughout the year);
- The different ways in which energy retailers calculate usage intervals and apply tariffs;
- We may not take into account concessions, rebates, green energy requirements or solar feed-in tariffs you are receiving or are entitled to;
- The accuracy of the information you provide to us, including your details;
- The time required to update our systems after we become aware of closed, modified or new energy plans; and
- The time required to update our systems after we become aware of closed or new energy retailers.
We recommend plans based on our Comparison Policy which is documented in our Frequently Asked Questions in the section titled “How do we find competitive offers for you?”.
The recommendations that we may forward to you will only be from those retailers that we have a contractual relationship with. We will receive fee payments from a third-party retailer if you use their services as a result of an introduction we make or information we provide to that retailer.
Our Service does not constitute financial advice. Any calculated estimated saving or other figure is an estimate only. The amount you will actually pay will depend on your actual consumption, consumption profile, and the plan you are on.
Please note that an offer made by an energy retailer to you may be subject to conditions including that you have a particular metering type and that you pass the third-party retailer’s credit assessment guidelines.
Please note that your existing energy contract may include termination fees which you may incur should you accept an offer sent by us.
We may change this agreement from time to time by giving you notice of 20 business days in advance of the changes. If you do not accept the changes then you can terminate this agreement with us.
Either party can terminate this agreement at any time by notifying the other party by email, post or telephone.
Nothing in these terms and conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian and Securities and Investment Commission Act 2001 or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”).
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, EZswitch Pty Ltd (including its respective officers, employees, contractors and agents) is not responsible for and excludes all liability (including negligence), for any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:
- any technical difficulties or equipment malfunction (whether or not under our control);
- any theft, unauthorised access or third-party interference; or
- acceptance of a third-party quote.