1. General
1.1 These Terms and Conditions ("Agreement") govern your (whether personally or on behalf of a company) use and access of Vultra’s ("us", "we", "our") mobile application.
1.2 They enable you to view and manage your Vultra services. This Agreement sets out the terms on which we agree to give you access to the mobile application.
1.3 By downloading and/or accessing the mobile application you agree that these terms will apply to you. If you do not agree to these terms, you should not use the mobile application.
1.4 You must comply with all applicable laws in accessing and using the mobile application and you must not do anything with the mobile application which is not authorised under this Agreement.
1.5 Please note that we only use your personal information in accordance with our Privacy Policy which can be found at https://www.vultra.com.au/policies/privacy-policy
2. Your use of our mobile application
2.1 In order to use our mobile application, you confirm you have a compatible mobile device or tablet and internet connection and the necessary minimum specification that may change from time to time.
2.2 You acknowledge and agree that:
i. any software or hardware that you use to use or access the mobile application is in your sole responsibility and control, and must be properly functioning, free from any threats that may result in disruption, and connected to the Internet in order for the mobile application to be provided.
ii. we are not responsible in any way for your Internet network, mobile phone or data including its set-up, maintenance and cost (including data usage costs) associated with your use of the mobile application.
iii. the operation and availability of the mobile application is dependent on the availability and functioning of certain services including telecommunications and other third party services. We do not control these services and are not responsible for these services or the effect on the mobile application.
iv. we may be required to test or maintain the mobile application and associated equipment, hardware and software used to provide the mobile application from time to time, which may result in downtime or suspension of the mobile application. To the extent permitted by law, we have no liability for any loss whatsoever arising from or in connection with such testing or maintenance action, unless arising from our fault, breach of this Agreement or negligence.
v. You may not decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code or private APIs associated with the mobile application.
3. Intellectual Property
3.1 All intellectual property rights in the mobile application and the software included within or used to provide or operate it are owned by Vultra or our licensors.
3.2 We grant you a non-transferable, non-exclusive, revocable licence to use the mobile application, provided that you comply with these terms and all the documents referred to in it. We reserve all other rights. You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these terms.
4. Liability
4.1 You may be entitled to statutory consumer guarantees under the Australian Consumer Law in connection with our supply of the mobile application under this Agreement. Nothing in this Agreement is intended to exclude, restrict or modify the application of those guarantees or other rights.
4.2. Subject to sub clause (a) and to the extent permitted by law:
i. apart from statutory consumer guarantees under the Australian Consumer Law and any other non-excludable statutory rights, any other guarantees, conditions and warranties, express or implied, by law, custom or otherwise are excluded and our liability for any loss arising from a breach of such excludable guarantees, conditions and warranties, or this Agreement, is limited to the supply of relevant mobile application again or the payment of the cost of having such mobile application supplied again;
ii. either party to this Agreement (the first party) will not be liable for any loss which the other party pays, suffers, incurs or is liable for, for any reason, including as a result of delay, or any act, advice, matter or thing done or permitted or omitted to be done by the first party (including its employees, contractors or agents) in any way connected with or arising out of this Agreement (unless the loss is covered by non-excludable statutory guarantees or rights, or the first party is at fault, has breached the agreement or has been negligent);
iii. While we will use reasonable care in providing the mobile application to you, we can’t guarantee that the mobile application will always be free from faults; and
iv. We may ask you to provide additional details or require you to confirm your details to enable us to continue to provide you with the mobile application. You agree to provide us with current, complete and accurate details when asked to do so.
5. Variation
5.1 To the extent permitted by law, we may modify, upgrade or make other changes to the mobile application from time to time in our absolute discretion.
5.2 We may vary this Agreement at any time. If we do so, and we reasonably consider that any such variation causes you no detriment, we will provide you with written notice of variation as soon as practicable, which may be after the variation takes effect but no later than your next bill. Otherwise, we will provide you with reasonable advance notice (of 10 days at minimum) of any such variation. If you wish to terminate this Agreement, you may do so in accordance with clause 7(a) below.
6. Information Accuracy
6.1 The mobile application has functionality that may let you explore your energy profile, including energy usage charges and the kWh usage amounts. 6.2 Usage amounts and savings values, along with other information or representations displayed in the mobile application are indicative and should be used as a guide only. Such information may use delayed data, use assumptions or be based on estimates only. Any information provided in the mobile application may differ from your energy retailer’s bill.
6.3 To the extent permitted by law, and unless arising from our fault, reach of this Agreement or negligence, we accept no liability for any errors in, or omissions from, any information referred to or made available in the mobile application; or any loss suffered or incurred by you or any person arising from or in connection to placing any reliance on the information or its accuracy, completeness, currency or reliability.
7. Termination
7.1 You may terminate this agreement at any time by discontinuing your use of the mobile application.
7.2 To the extent permitted by law, we may terminate this Agreement or suspend your account (and any related accounts) and your access to the mobile application at any time upon 7 days’ Notice.
7.3 Without limiting the foregoing, and to the extent permitted by law, if, we reasonably consider that you have engaged in, or your mobile application access is involved in, any fraudulent, unlawful or dishonest activity (including if you substantially breach any of your obligations under this Agreement) we may withhold or suspend our performance of this Agreement immediately, without affecting our accrued rights and obligations.
8. Security
8.1 You must keep your login details and any other credentials or identifiers used to access the mobile application secret and not share them with any third party.
8.2 You must ensure that you check your email for any relevant updates we may send you.
8.3 You should use strong and unique passwords. While logged in to the mobile application, anyone with access to your phone or tablet will be able to view the information provided in the mobile application. We recommend using a screen lock password if others have access to your phone or tablet.
9. Governing Law
9.1 These terms and conditions are governed by the laws of the State of Victoria, Australia.
10. Contact us
10.1 If you need to contact us at any time you can do so via webchat in the mobile application or email us at hello@vultra.com.au.