Terms and conditions

Your agreement to these terms of use

By using this website, you agree to be bound by these Terms of Use.

Please read these terms of use carefully as they set out requirements relating to your use of this website.

The laws of the Australian Capital Territory, Australia govern these Terms of Use.

Security

We apply a range of security controls to protect this website from unauthorised access. However, you agree that:

• the World Wide Web is an unsecure public network;
• there is a risk that your transactions may be seen, intercepted or modified by third parties; and
• downloadable files may contain computer viruses, spyware, malware, disabling codes, worms or other devices or defects.

We accept no liability for any interference with, or damage to, your computer system, software or data or any loss occurring in connection with, or relating to, this website or its use. You should take appropriate and adequate precautions to prevent damage to your computer system, software or data.

Your responsibilities

It is important that you understand your responsibilities when using this website. If you do not comply with the responsibilities set out below, the AER may suspend or withdraw your access to this website.

You must not use this website:

• for any illegal or fraudulent activity;
• for any commercial use;
• to cause disruption to the website or its users;
• in a way that infringes a person’s rights or prevents them from using this website;
• in a way that may harass, cause distress or inconvenience others;
• to record unlawful, defamatory, offensive or scandalous material; or
• to record material that breaks or encourages breaking the law.

You are not allowed to use any software (like bots, scraper tools etc.) to access, monitor or copy this website or its contents unless we have given you prior written permission.

When your access to this website may be taken away

Your access to this website may be suspended or withdrawn:

• if you do not comply with your responsibilities;
• if you do not comply with these terms of use; or
• by us at any time and for any reason.

If the AER does not act in relation to a breach by you of these terms of use, this does not waive the AER's right to act with respect to subsequent or similar breaches.

The AER may withdraw completely, or suspend for a period of time, this website or access to it, for any reason including, without limitation, where there is an interruption, fault, virus, unauthorised access or other malicious attack on the AER's systems or where maintenance or upgrading of the system is required.

Privacy and your personal information

We will collect your personal information (as defined in the Privacy Act 1988 (Privacy Act)) that you submit using this website.

Your personal information is protected by law, including the Privacy Act. Any use and disclosure of your personal information will occur in accordance with the Privacy Act.

We may disclose your personal information to our service providers, including our ICT service providers, to allow them to provide services to us.

We may also use and disclose your personal information as described in our privacy policy, which is available at: https://www.aer.gov.au/publications/corporate-documents/accc-aer-privacy-policy.

This policy contains information about:

• how you can access and seek correction of your personal information;
• how you can make a complaint about a breach of the Privacy Act; and
• how we will deal with such a complaint.

If you wish to contact us about any privacy-related matters, please email privacy@accc.gov.au.

What we are responsible for

We are responsible for:

• taking reasonable steps to ensure the security of your information while it is being collected by us, stored or passing through this website; and
• handling your personal information in accordance with the Privacy Act

What we are not responsible for

We are not responsible for:

• making sure this website is error free at all times;
• ensuring any defects with this website will be fixed;
• ensuring that you have continuous access to this website; and
• any Loss (defined below) that is caused by you or is a result of your use, or your inability to use, this website.

Intellectual property

All intellectual property rights in information, data and materials used or appearing on this website including, without limitation, all software, tools, know-how, equipment, processes, trade marks, logos and other materials shall remain the exclusive property of the AER and its licensors.

You acknowledge that, in using this website, you shall not acquire any rights, title or interest in or to any of the AER's or its licensor's intellectual property.

See our Disclaimer and copyright page for information on the conditions of use of general and guidance material on this website.

Indemnity

You indemnify the AER and hold the AER harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of these Terms of Use, your access to or use of this website or reliance on its contents or information.

Limitation of liability

Subject to any liability implied by law, the AER expressly disclaims any and all liability, however arising, and any responsibility to any person arising in connection with their use of or reliance on this website or information, material and documents accessible via this website in whole or part.

In these Terms of Use:

“AER” means the Australian Energy Regulator.

“Loss” means any loss, damage, cost or expense (to any person or property), including loss of profits or revenue, loss or denial of opportunity, loss of use, loss of data, and any indirect, remote, abnormal or unforeseeable loss.

“our”, “us” and “we” means the AER.

“user” means any person that accesses or otherwise uses this website.

“you” and “your” means the user on this website.