Terms of Service

Thanks for using BidBilly!  The following document sets out the terms of service for BidBilly. The column on the left provides a plain English statement about the terms and is not intended to be legally binding. The column on the right comprises the binding Terms of Service.  You agree that you have read, understood, and agree to be bound by these terms before using any of the BidBilly services.

By using Bidbilly, you agree to all the terms below.

Preamble

References to “you” or “your” are references to the customer using the BidBilly Services.

These terms of service (“Terms”) govern your use of and access to our services, software and website located at www.app.bidbilly.com (“Website”) (collectively “Services”).  The Services are provided by BidEnergy (Operations) Pty Ltd (ACN 158837097) (“we”, “us”).

These Terms form your agreement with us.  Please read them carefully.

By using our Services, you agree to be bound by these Terms.  You acknowledge that we provide access to the Services subject to these Terms.

BidBilly allows you to compare your energy bill against BidBilly Benchmark Rates and have third party energy providers bid for your business.

Description of services

As part of the Services, we will compare your energy bills for an individual site your business is located at (“Site”) against a rate calculated by us to represent the average market rate for a similar sized site in a similar geographic location (“BidBilly Benchmark Rate”).  Where potential savings are identified, and at your request, we will provide your information to third party energy providers (”Energy Providers”) who will be able to bid for your business with lower energy rates.

The Services allow you to enter into a contract for energy services with an Energy Provider of your choice who has submitted a bid.

We have no control over the bids made by the Energy Providers and we do not represent or guarantee that you will receive any bids from Energy Providers or that any offers you receive will be equal to or less than the BidBilly Benchmark Rate.  The BidBilly Benchmark Rate is based upon a number of factors and we cannot guarantee that it will be available to you.

We may alter the Website or Services at any time, including by changing the functionality offered by the Website and the Services.

Energy services are provided by Energy Providers.

Energy Providers are responsible for their energy services

Our Services include a platform to help you compare and buy energy services.  We do not buy any energy services on your behalf, nor do we supply these services on behalf of Energy Providers.  As a buyer, you shall be responsible for satisfying yourself of the features and benefits of an Energy Provider’s service offering.  We do not endorse any of the third party Energy Providers whose services you become aware of or may be available to you through use of the Services. You acknowledge and agree that we do not enter into a contract with you for any products or services and do not sell, re-sell or licence any products or services to you.

We are not responsible or liable for any loss or damage you may suffer or incur in connection with any product or service you obtain from any Energy Provider after using the Services, for any acts, omissions, errors or defaults of any Energy Provider or other third party in connection with that product or service or for any savings available to you from an Energy Provider.

Play nicely and don't misuse our Services.

Using our services

You must not misuse our Services.  Without limiting the foregoing, you agree not to:

  • copy any content from our Services except as permitted by these Terms;
  • use the Services on behalf of an entity unless you are authorised by that entity to do so;
  • provide any information that is untrue or inaccurate;
  • use the Services in any misleading, unlawful or fraudulent manner;
  • use data that is not intended for you;
  • interfere with any other user’s access to the Services;
  • use any automated tool to access, copy or extract information;
  • reverse engineer, disassemble or otherwise attempt to identify any source code associated with the Services. or assist anyone else to do so;
  • use the Services for any commercial purpose;
  • place any disproportionately large load on our servers or other portion of our infrastructure;
  • interfere with our Services or try to access them using a method other than our interface and the instructions that we provide;
  • use the Services in any manner that could damage, disable, compromise or impair our systems or security;
  • modify, add to, remove, deface, hack, insert malicious code into or otherwise interfere with any of our website or any content displayed on the Website;
  • establish links on any other website to the Website or any other part or parts of the Website without our prior written consent; or
  • use the Services in any manner which is inconsistent with these Terms.

You may use our Services only as permitted by law.

You agree that we may send you service announcements, administrative messages and other information. You may opt out of receiving some of those communications.

We may at any time suspend or stop providing our Services to you if you breach these Terms or our policies.  We may also suspend the provision of Services to you if and while we are investigating a suspected breach of these Terms or our policies.

You need to signup for an account to use BidBilly. Keep your password safe and let us know if you detect any unusual behavior on your account immediately.

Your responsibilities for login details

In order to use the Services, you will need to register as a user.  We reserve the right to refuse registration or to refuse to renew your registration.  You may create your own BidBilly account, or your BidBilly account may be assigned to you by an administrator, such as your employer.  Your company’s BidBilly account administrator may ask you to comply with additional internal terms of use and may be able to access or disable your account.

You may be entitled to create a personal account by generating a username and password.  If you do so you agree that your login details must only be used by you and that you will keep those details secure and confidential.  You must notify us immediately of any unauthorised use of your login details.  You will be responsible for any activity that takes place under your login and any breaches of these Terms occurring under your login will be treated as a breach by you.

You give us permission to access and share your information to provide services.

Your information and your permissions

When you use our Services, you may provide us with information such as your energy invoices, meter data, your company details and email address (“Your Information”).  These Terms don’t give us any rights to Your Information except for the limited rights that enable us to offer the Services.  Where Your Information is “personal information” protected by privacy legislation, we will deal with it in accordance with our Privacy Policy, which can be accessed at www.bidbilly.com/privacy-policy/

You give us permission to access and use Your Information, to back it up, and to share it when you ask us to (such as with Energy Providers).  You agree that we may also access, store, scan and use Your Information to provide you with features such as alerts, searching, and reports.

You agree that you are responsible for maintaining the accuracy of Your Information and that if any of Your Information is incorrect, inaccurate or out of date (for example an erroneous email address or other contact details) then we will not be liable for anything that happens as a result when we use that information to provide the Services.

Please respect our intellectual property.

Our Intellectual Property

Using our Services does not give you ownership of or other rights in any intellectual property rights in our Services, our trade marks, service marks, logos, domain names or other distinctive brand features (“Our IP”).   Our IP is protected by copyright, trade mark, and other Australian and international laws. Unless you have been expressly authorised to do so in writing by us, you agree that you will not use any of Our IP in a way that is likely or intended to cause confusion about the owner or authorised user of Our IP.

You acknowledge and agree that we, or are licensed to use, all legal right, title and interest in and to the Services. You further acknowledge that the Services may contain information which is designated by us, or is by its nature, confidential and that you shall not disclose such information without our prior written consent.

Subject to these Terms, we grant to you a non-exclusive, revocable and non-transferable limited licence to view, download and use information directly accessible through the Website and the Services.

You agree that, subject to your use of the Services in accordance with the limited licence granted to you, you will not infringe Our IP and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained on it or otherwise use the Website or Services in any way which will infringe our, or any other third party’s, intellectual property rights or other rights.

The market is unpredictable.

BidBilly Benchmark Rate

In order to calculate the BidBilly Benchmark Rate, we rely on a number of predictions and estimations (by us and third parties) as to market circumstances which are based on assumptions.  Therefore the BidBilly Benchmark Rate is an estimation only made in light of the data we have at the time of calculation.  It is subject to a number of risks and uncertainties that could cause the actual rates available in the market to differ materially.  We do not provide any assurance or guarantee that the BidBilly Benchmark Rate will be accurate.  You must not to rely on the BidBilly Benchmark Rate and should seek further information before using the Services to enter into an agreement with an Energy Provider.

We strive to provide great service, and we hope our services make your business simpler. But there are certain things that we can't guarantee.

Disclaimer

Subject to any Non Excludable Conditions:

  • the Services are provided “as is” and without any guarantee, warranty or condition, express or implied;
  • we disclaim any warranties of satisfactory quality, fitness for a particular purpose, reliability, timeliness, accuracy, completeness and non-infringement of third party rights;
  • we do not guarantee or warrant that the Services will be without errors, omissions or viruses;
  • we do not guarantee continuous, uninterrupted or secure access to the Services;
  • you acknowledge that access to an use of the Services may be interfered with by numerous factors outside our control;
  • we do not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Services (including the BidBilly Benchmark Rate);
  • we make no guarantees, representations or warranties in respect of the information and materials available through the Services or the means of accessing that information and material (including any software operating in connection with the Website); and
  • we make no guarantees, representations or warranties in respect of the suitability or fitness for purpose of the energy products referred to on the Website or via any of the Services, nor do we warrant or represent that the products available from the Energy Providers are the only products available in the market.

We do not guarantee that our Services will meet any specific business requirements or will provide any specific outcome, whether financial or otherwise.

We do not provide financial or other advice.  We are not able to bind any third party or to ensure that any third party offers or sells any services or products to you.  Nothing in our provision of the Services amounts to an offer by us to sell any energy products or services other than the Services themselves.

Nothing in these Terms is intended to exclude any warranties that cannot at law be excluded.

The Services display some content that is not created or owned by us.  The entity that makes this information available is solely responsible for its accuracy and we do not accept any liability for it.

We make no guarantee, warranty or representation and accept no responsibility for any websites operated or controlled by entities other than us, such as energy providers which are or may become linked or framed to from the Website.

We limit our liability in certain circumstances if something goes wrong.

Limitation of Liability

Subject to any Non Excludable Conditions, we will not be liable for any consequential, indirect or special losses or damages, loss of profits, loss of revenue, loss of production, loss of goodwill, loss of business reputation, damage to credit rating, loss of use and remote, abnormal or unforeseeable loss.) suffered by you or any other person arising out of your use of the Services or the Website or otherwise under the Terms. The limitation of liability in this clause applies regardless of the form of action and of whether or not we have been warned or were aware of the possibility of such losses.

Subject to any Non Excludable Conditions and the remainder of this clause, our maximum aggregate liability for all claims relating to the Services will be equal to the amounts paid by you to us for Services in the past 12 months. This limit on liability will apply however that liability arises, provided that it shall not limit our liability in the case of fraud or wilful misconduct by us.

If a mandatory term is implied by law or a mandatory consumer guarantee applies to goods or services provided in connection with these Terms (“Non Excludable Condition”), to the maximum extent permitted by law, our liability for breach of the Non Excludable Condition is limited, at our option. to:

  • in the case of goods not of a kind ordinarily acquired for personal, domestic or household use or consumption, either replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and

in the case of services not of a kind ordinarily acquired for personal, domestic or household use or consumption, to either resupply of the services or the cost of the resupply of the services.

We will try to resolve disputes through mediation.

Resolving Disputes

If there is any dispute relating to these Terms or the Services (“Dispute”), we would like to try to sort things out first and address your concerns without needing formal legal proceedings.

Before filing a claim against us, you agree to try to resolve the Dispute informally by contacting info@bidenergy.com. We will try to resolve the dispute informally by contacting you via email.

If that does not resolve the Dispute, the procedure set out in this clause must be followed in relation to the resolution of a dispute concerning.

Upon any Dispute arising, a party may give written notice to the other party that a Dispute exists (“Dispute Notice”).  The Dispute Notice shall provide the recipient with the full particulars of the matters in Dispute.

The timetable and process for resolving a Dispute pursuant to a Dispute Notice are as follows:

  • within 7 days of receipt of a Dispute Notice, the recipient shall hold discussions in good faith in an attempt to resolve the Dispute;
  • if the Dispute is not resolved within 30 days of the commencement of the discussions or if the discussions have not taken place within the 7 day period, the Parties shall refer the matter to mediation;
  • the parties to the Dispute must attempt to agree on the appointment of a mediator. If the Parties cannot agree, a mediator is to be appointed by the President of the Law Institute of Victoria;
  • the costs of the mediation are to be shared equally by the parties to the Dispute;
  • the parties to the Dispute shall use their best endeavours to ensure the mediation takes place within 30 days of a mediator being appointed; and
  • the mediation is to take place in Melbourne, Australia.

Except for the purpose of obtaining urgent interlocutory or declaratory relief from a court of competent jurisdiction, neither party shall commence any proceedings in any court, tribunals or otherwise without first providing a Dispute Notice and complying with the dispute resolution process set out above.

You are responsible to pay any fees, you are not entitled to any refunds(unless required by law) and if you are late on payments we can suspend or delete your account.

Fees & Payments

Fees. You must pay, and you authorise us to charge you using your selected payment method for, all applicable fees associated with the Services (“Subscription Fees”).

You are able to use some elements of the Services without payment of a Subscription Fee.  However, you will not be able to review the bids submitted by Energy Providers or enter into a contract with an Energy Provider without payment of the Subscription Fee.

Subscription Fees are payable annually for each Site. Subscription Fees are non-refundable except as required by law.  You are responsible for providing complete and accurate invoicing and contact information to us.

We may suspend or terminate your access to the Services if the Subscription Fees are unpaid, underpaid or overdue.

Auto Renewals. If your account is set to automatically renew we may automatically charge for the renewal, unless you notify us that you want to cancel or disable auto renewal within the required period.  We may vary the amount of Subscription Fees payable prior to the start of a renewal term (subject to your right to cancel the renewal).

Taxes. Our fees are inclusive of goods and services tax and we will provide you with a tax invoice, as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).  You are responsible for all other taxes. We will charge tax when required to do so. If you are required by law to withhold any taxes, you must provide us with an official tax receipt or other appropriate documentation.

You agree to us storing your payment details.

Your subscription sets the start and end time of services.

Duration

For those aspects of the Services for which payment of the Subscription Fee is required, upon payment of the Subscription Fee you will receive 12 months’ access which enables you to use those features for one Site.

You're free to stop using our services at anytime, but conditions may apply.

Termination

You’re free to stop using our Services at any time, however any unused portion of a Subscription Fee paid in advance will not be refunded unless required to at law or under these Terms.

We may terminate the agreement formed by these Terms and accordingly your access to the Services immediately if:

  • you breach these Terms where the breach is not capable of remedy, or if capable of remedy is not remedied within 7 days of us notifying you to so remedy;
  • you go into liquidation; or
  • you cease, or notify that you are about to cease, carrying on business.

Except for accounts that have been pre-paid beyond the relevant period, we reserve the right to terminate and delete your account if you have not accessed the Services for 12 consecutive months or more.  We will provide you with notice via the email address associated with your account before we do so.

You may terminate the agreement formed by these Terms, and accordingly your access to the Services, immediately if we go into liquidation or cease, or notify that you that we are about to cease, carrying on business.  If you terminate the agreement for this reason then you are not required to pay any fees from that date of termination.

We reserve the right to terminate the Services for any reason by giving 30 days’ written notice. If we do so, we will refund to you any unused portion of the Subscription Fee on a pro-rated basis

These terms of service may change from time to time.

About these Terms

We may revise these Terms from time to time at our sole discretion, and will post the most current version on the Website. You should periodically review the Terms. If a revision may substantially alter your rights, we will notify you in advance (by, for example, sending a message to the email address associated with your account or posting our website).  By continuing to use or access the Services after the revised Terms come into effect, you agree to be bound by the revised Terms.

These Terms govern the relationship between us and you. No third party has any beneficial rights or rights of contract in respect of these Terms or the Services. If you breach these Terms, and we don’t take action right away in relation to the breach, this doesn’t mean that we are waiving any rights that we may have (such as taking action in the future).

If any term is found to be unenforceable, this will be severed from these Terms and will not affect the validity of any other terms of the Terms. In the event of any discrepancy or inconsistency between the commentary provided in the left-hand column of this page and the terms in this column, the latter prevails.

For information about how to contact us, please visit our contact page.

These Terms are governed by the laws of Victoria, Australia and you and we submit to the exclusive jurisdiction of the courts of that State.

We have designed the Website and Services for use only within the Commonwealth of Australia and make no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website or any Services outside the Commonwealth of Australia.  The Website is available only to entities in Australia who can form legally binding contracts under applicable law.

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