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Old 31st January 2011, 11:55 PM   #1
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Post Synergy online account Terms and Conditions.

Here are the current (as of this date) Terms and Conditions for creating and using a customer online account.

The Online Services Website contains the conditions of use which apply to your access to and use of the site and other terms and conditions that apply to direct debit payment arrangements that you may wish to establish. By using this site, you agree to be bound by the terms and conditions in relation to your use or the performance of this Website, and the information, services and material contained in it or provided by it. If you do not accept the terms and conditions, please exit this Website.

You should read the terms and conditions carefully.

In the terms and conditions:
- "we", "our" or "us" means Synergy;
- "you" or "your" means the person who accepts the terms and conditions
“the site” or “this site” means the Synergy Online Services Website.

Acceptance by you of these terms and conditions binds you and all of your employees, officers and agents to comply with the terms and conditions.

We are committed to protecting your privacy. We will comply with our statutory and contractual obligations to you with respect to preserving the confidentiality of information relating to your use of this web site, and accordingly will not release information relating to your use of this Website to a third party without your consent. If you agree to the direct debit arrangements we will disclose relevant information to our bank and to your bank. By using this Website you agree that information collected relating to your use of this Website including your e-mail address may be used by us to analyse use of the Website and to tailor marketing of products and services to you by us, and our subsidiaries and associated companies and/or our advertising agency(s) and marketing consultant(s).

Certain information contained in this Website is provided for, and may only be accessed by, our current electricity customers who have registered for use of this site.

You will be asked to select a unique user identification and password, which we will use to identify you when you transact business with us via this site.

You must use your user identification and password to:
- Access and use this site; and
- Enable us to identify you.

- You must keep your record of your user identification and password secure and protected.
- You must only keep one record of your user identification and password
- You must keep your record of the user identification, password, account number and confidential identification details you have provided separate and apart from each other.
- Do not tell any unauthorised person your user identification and/or password.
- Do not allow any unauthorised person to read, watch, you enter, or hear your user identification and/or password.
- You must inform us as soon as possible if you become aware of unauthorised access to your user identification, password or other confidential identifying code, or of the loss or theft of a record of any of your user identification and password, or if you suspect that your user identification and/or password have become known to someone else.

- All information provided by you in making use of this Website or any of the information, services or material provided by this Website must be accurate and complete. You must immediately update this information if it changes.

- If any of your information is incomplete or inaccurate, we may deny you access to this Website.

- You must not disclose your user identification and/or password to any third party or use your user identification and/or password for any unauthorised purpose.

You should check your energy account records and bank account records carefully to reconcile them and promptly report to us as soon as you become aware of any errors, transactions that you did not authorise, or you think may have been made by someone else without your permission.

The only terms and conditions which are binding upon us are:
- those set out in the terms and conditions; and
- those which are imposed by law and which may not be lawfully excluded.

We may vary the terms and conditions at any time and without notice by posting the varied terms and conditions on this Website. Your continued use of this Website after the terms and conditions have been varied, constitutes your acknowledgment that you accept the changes to those set out in these terms and conditions and at this Website; and that you agree to be bound by the varied terms and conditions.

- We are authorised to act upon all instructions given through this site or by telephone using your user identification and password. We may, as part of our security procedures, record and retain telephone instructions.

Transactions made through this site or by telephone:
- Are governed by the terms and conditions (including any terms and conditions that relate to direct debits).
- May be processed at our option within 3 business days.
- May be limited to specific amounts.

We will take such reasonable precautions as may be necessary to ensure that information concerning your affairs transmitted to us through this site will remain confidential and protected from unauthorised access. But we will not otherwise be liable for any unauthorised access by any means to that information.

We may cancel your access to this site at any time without notice if we believe your user identification and password are being used, or will be used, in a way that will cause losses to you or us.

It is your responsibility to use other means of effecting transactions and obtaining information if for any reason you are unable to use this site.

We undertake to make all reasonable efforts to ensure that this site is available to you during the hours specified by us. However from time to time when this site is not available ("off-line") we are not liable to you for or in connection with:

- Failure of the site to perform in whole or in part, any function which we have specified it will perform;
- The unavailability of the site to you in whole or in part because of the failure of the communication network, ancillary equipment or any circumstance beyond our reasonable control; or
- Delays or errors in the execution of any transaction or instruction because of the communication network, ancillary equipment or any circumstance beyond our reasonable control.

Except to the extent that liability may not lawfully be excluded, we will not be under any liability to you (or any of your officers, agents or employees) for any direct or indirect loss or damage (including without limitation consequential loss or damage, loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill and loss due to delay) however caused (including without limitation due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with your use of this Website or your use of or reliance upon any of the information, services and/or material contained in it or provided by it to your or our negligence or our breach of our obligations under the terms and conditions.

All statutory or implied terms, conditions or warranties concerning the quality or condition of this Website or any information, service, material, advice or recommendation supplied by us to you through this Website are excluded to the fullest extent permitted by law.

If we breach any term, condition or warranty which is implied by law and which cannot lawfully be excluded, our liability for a breach of the applicable term, condition or warranty (other than a warranty implied by section 69 of the Trade Practices Act 1974 (Cth) or corresponding state legislation) is limited to, at our election:
- the resupply of the relevant advice, service, recommendation or information; or
- the payment to you of the cost of having the relevant advice, service recommendation or information supplied again.

The information contained at this Website is provided by us in good faith and we have taken all reasonable care in providing it. However, changes or events may occur which cause the information to be inaccurate or out of date. Accordingly, we do not warrant the accuracy or currency of that information and any reliance by you upon that information is at your sole risk.

- We reserve the right to vary the terms and conditions.
- We will give you at least 14 days notice of any variations through the Online Services Website or in press advertisements or by letter, newsletter, or on your bill.
- Our obligation to give you advance notice does not apply if variations are required in an emergency to restore or maintain the security of the Online Services Website.

See the separate terms and condition for direct debit arrangement located in the registration section of the Online Services Website.

Any one of the terms and conditions which purports to exclude, limit or modify or has the effect of excluding, limiting, or modifying our liability to you, is subject to any non-excludable liability imposed on us by the Trade Practices Act 1974 (Cth).

This Website may contain links to Websites maintained by other organisations. We have no affiliation with those Websites, do not endorse any material on those Websites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those Websites.

We own copyright in the contents of this Website. You may access and display these pages on a computer or a monitor, and print out for your personal or internal business use any page or part of any page of this Website. All other use, copying or reproduction (including reproduction on any other Website) of any part of this Website is prohibited.

We do not represent or warrant that this Website and any other information or material contained in, downloaded or accessible from this Website, is free from computer viruses (including macro viruses) or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security checks and systems.

This Website uses a feature of your Internet browser called a "cookie" to manage security and store report parameter information. If your browser does not support cookies, or you have disabled this functionality, you will be unable to use this Website.

The law of Western Australia governs these terms and conditions, and you and we submit to the non-exclusive jurisdiction of the Courts of Western Australia and the Federal Court of Australia.
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