Terms and Conditions of use

This website is provided by Weave Solutions Pty Ltd ABN 98 162 152 016 (trading as Energy Pledge), hereinafter referred to as “Energy Pledge”, “we”, “our” and “us” in these Terms and Conditions of Use. The term “you” refers to the user or viewer of the site.

This Agreement is made between you the customer ("you") and Energy Pledge. In this Agreement, unless the context otherwise requires:

"Law" means any law, statute or regulation, guideline or code of conduct (whether or not having the force of law) in any jurisdiction to which Energy Pledge is operating

"Pledge Donations" payments made to the cause by Energy Pledge through the act of switching 

"Service" means the service provided by Energy Pledge via the Energy Pledge website or call centre whereby the Customer may pledge their support to a cause and obtain impartial information on the Suppliers and the services and products they offer and, potentially transact with the Suppliers for the provision of those services and/or products;

"Software" means any proprietary software utilised by Energy Pledge to enable you to use the Service;

"Supplier" means any supplier of services, products and/or goods selected by Energy Pledge from time to time and who is listed on the Energy Pledge website.

Energy Pledge reserves the right to amend these terms and conditions at any time. All amendments to these terms will be posted online. You may terminate the Agreement by written notice to Energy Pledge if you do not wish to be bound by such new terms and conditions. Continued use of the Service or the Energy Pledge website will be deemed to constitute acceptance of the new terms and conditions.

These Terms and Conditions of Use which, together with our Privacy Policy, apply to your use of the Energy Pledge website, mobile sites, applications and services made available by us (“the site”). Your use of the site is deemed to be your conclusive acceptance of the Terms and Conditions of Use.

Provision of the Service

The Service is made available to Customers solely to communicate information and to permit the Customer to obtain quotations from Energy Pledge on behalf of Suppliers, quotations directly from Suppliers, and transact with Suppliers.

Energy Pledge will not be party to any such transactions with Suppliers and all such transactions are subject to the terms and conditions of the relevant Supplier and Energy Pledge shall in no circumstances have any liability whatsoever in respect of any such transaction.

The Customer acknowledges that where relevant Energy Pledge may pass his or her details to Suppliers or potential suppliers for the purpose of attracting offers to supply services from such Suppliers or potential suppliers. Energy Pledge will obtain the Customers consent prior to sending such details to Suppliers or potential suppliers.

Energy Pledge does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Services on or accessed via the Energy Pledge website, the Energy Pledge call centre or otherwise sent to the Customer and the Customer agrees that sole responsibility for the accuracy, completeness, fitness for purpose or legality of information relating to Supplier's information, goods or services shall rest with the Supplier. Energy Pledge will use all reasonable endeavours to ensure that the information relating to Suppliers' services and the cost of such services is updated regularly. However, the Customer acknowledges that the prices are not updated every day and that it is the Customer's responsibility to verify prices with the Supplier.

Energy Pledge does not guarantee to provide the Service free of faults. In the event of a fault in the Service, the Customer should report it by telephone on the support number provided to the Customer. Energy Pledge does not warrant that the Customer's use of the Service will be uninterrupted and does not warrant that any messages or information transmitted via the Service will be transmitted accurately, reliably, in a timely manner or at all.

No endorsement of Charities and causes

The presence of a Charity or cause on the Energy Pledge website does not indicate an endorsement by Energy Pledge of the Charity. The content and opinions incorporated in the Charity's pledge detail card or the fundraising activity promoted by it. It is your responsibility to check that you are directing people to pledge their support to the  cause that you intend. Energy Pledge does not accept any responsibility for your cause selection or the use of any donation Energy Pledge makes to the Charity through you’re successful electricity retailer switch.

Website

Energy Pledge does not guarantee that the Energy Pledge website will be free from viruses, or that access to the Energy Pledge website will be uninterrupted.

You must create a username and password which you must keep secure. If you suspect that your username or password is being used without your authority, you must immediately report this to Energy Pledge.

Warranties

You warrant that all information provided by you to Energy Pledge, including on any personal Fundraising Page:

  • is true and correct;
  • is not misleading or deceptive, defamatory or obscene;
  • does not infringe a third party's intellectual property rights; and can be lawfully published by Energy Pledge.
  • You will indemnify and keep Energy Pledge indemnified against all claims, costs, expenses, damages, liability or loss arising in relation to a breach of any of the above warranties.

Removal of content

Any Pledge fundraising card must not incorporate any content that Energy Pledge, in its absolute discretion, considers is inappropriate for inclusion on the Energy Pledge website. Energy Pledge will use reasonable endeavours to consult with you prior to removing all or any part of the content on any Fundraising Page. Nonetheless, Energy Pledge reserves the right remove any content without consultation. Energy Pledge reserves the right to prohibit the participation in a pledge, or conducting a fundraising pledge, where there has been a of the Terms and Conditions of Use.

Website Usage

You must not use the Energy Pledge website to facilitate or participate in any illegal activity or engage in any activity that Energy Pledge, in its absolute discretion, considers to be inappropriate.

You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site or any other websites. You must not attempt to bypass the network firewall and you must not use any part of the site which you are not authorised to use or devise ways to circumvent security in order to access part of the site which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access;

You must not conduct any of the following:

  • creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
  • malicious email, including, but not limited to, "mail-bombing" (flooding a user or site with very large or numerous pieces of emails); and
  • entering into fraudulent transactions with Suppliers (which shall be include but not be limited to entering into transactions purportedly on behalf of a third party where the Customer has no authority to bind that third party or the Customer pretending to be a third party);
  • unauthorised use, or forging, or mail header information.
Energy Pledge reserves the right to immediately and indefinitely restrict your access to the Energy Pledge website in any way considered reasonably necessary if it suspects that you are engaging in any of the above behaviour.

Limitation of liability and jurisdiction

Your use of the site is at your sole risk. The content and services are supplied to you on an “as is” and “as available” basis

The liability of Energy Pledge for any breach of these Terms of Use, any statutory cause of action, common law action or tort (including negligence) in any way is limited as follows:

  1. Energy Pledge will not be liable for indirect or consequential loss or damage, notwithstanding anything else in this Agreement. This includes loss of profits, loss of any business opportunity and damage to computer equipment;
  2. Energy Pledge’s liability in respect of all other claims by you, or loss or damage to you is limited, to the donation amount received from pledge donations collected as a result of supporters switching energy providers or through direct payments made by the supporter to the cause through the website.
  3. Energy Pledge 's liability for a breach of a condition or consumer guarantee required or implied by law that cannot be excluded, is limited to the maximum extent possible, at Energy Pledge's option, to:

                        a. the supply of the services again; or
                        b. payment of the cost of having the services resupplied.

This website and its use are governed by the laws of the State of Victoria.

      Intellectual Property Rights

      Energy Pledge owns the intellectual property rights, including copyright, in all content of this website (including the "look and feel" and other visual or non-literal elements). Except as necessary for using this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific prior written consent of Energy Pledge.

      No part of the Service may be reproduced in any form or used in any other way except in accordance with these terms and conditions. Energy Pledge logo is a registered trademark of Energy Pledge. You must not use these or any other registered or unregistered trade marks on the Service without the prior written permission of Energy Pledge. Energy Pledge grants the Customer a non-exclusive non-transferrable licence to use the Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose.

      You must not include any material on any Energy Pledge page that infringes the intellectual property rights of others. For example, you may not include a trademark or copyright material without consent of the owners.

      You acknowledge and agree that Energy Pledge may use, copy and edit, for its business purposes, any material submitted by you in connection with any Fundraising Page and that you will receive marketing content from Energy Pledge

      You consent to receiving marketing content from Energy Pledge, but you can opt out of this at any time by logging in and and selecting the unsubscribe option within your settings page

      Pledges 

      Energy Pledge offers pledge donations and paid donation. A pledge is a donation generated as a result of a person switching energy providers through Energy Pledge and supporting a selected cause.

      When you pledge, your donation amount will be generated once you have switched energy providers and have remained with the selected energy provider through the cooling down period. 

      Disbursement of pledge donations

      Pledges and donations will be paid out at the expiration of the pledge campaign unless another time and date has been agreed on between the parties. 

      If we are unable to disburse donations to you as the beneficiary cause, such as due to incorrect or insufficiently supplied details, we will contact you to obtain the required information. If we are unable to find you or you do not respond to our inquiries within a reasonable period of time, we will at our absolute discretion, donate the pledge amounts to a similar cause or retain the funds. Keeping your personal contact details up-to-date is the best way to ensure donations are directed to where you want them to go.

      Data Protection

      Energy Pledge shall comply with all applicable data protection laws in Australia. For a description of how Energy Pledge uses personal data the Customer should refer to Energy Pledge's privacy policy.

      Links

      For the convenience of our users the site contains links and other pointers to websites operated by third parties. We do not control these websites and we are not responsible for their availability or their content or services and we make no warranty in respect of those links in this regard.

      Cookies

      Cookies are data that a website transfers to an individual’s hard drive for record-keeping purposes. Cookies, which are industry standard and are used by most websites, including those operated by us, can facilitate a user’s ongoing access to and use of a site. They allow us to customise the website to your needs. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. But you should note that cookies may be necessary to provide you with some features of our on-line services.

      Validity and Satisfaction of Terms of Use

      Energy Pledge accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond Energy Pledge’s reasonable control. If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use shall nevertheless continue in full force.