Terms & Conditions for the Huglo Comparison Service

About the Website

The website (which includes the web-hosted application - altogether, referred to as the Website) enables and implements (as part of its functionality) the electricity plan comparison and switching service which is provided by Huglo Pty Ltd (ABN 20 633 472 090), trading as Huglo and Huglo Energy (Huglo, we, us). The Website is owned and operated by Huglo. Access to and use of the Website, or any of its associated services, is provided by Huglo. 

You can contact us at: hello@huglo.com.au

The Huglo Comparison Service

What we do: Huglo's electricity plan comparison and switching service (the Huglo Comparison Service) is an information service which aims to assist consumers to make informed choices before enquiring or buying electricity plans from a third party Vendor who has been compared through the Website. 

What we do not do: Huglo does not provide advice or recommendations to you about whether you should or should not purchase any particular electricity products and services  and we do not guarantee that the Huglo Comparison Service will inform you about the ‘best’ or ‘cheapest’ offer available. You must rely on your own enquiries and judgement, considering your personal situation to decide if an electricity plan is suitable for you.

Huglo is an independent company. It is not owned or controlled by any of the third party vendors of the products and services which are presented through the Huglo Comparison Service.

Acceptance of the Terms

These terms apply to your use of the Huglo Comparison Service. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms when you use the Huglo Comparison Service. If you do not agree with the Terms, you must cease usage of the Website, and the Huglo Comparison Service, immediately.

Huglo reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Huglo updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of these Terms for your records.

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Huglo in the user interface.

Copyright and Intellectual Property

All right, title, and interest in and to the intellectual property rights subsisting in the Website and the Huglo Comparison Service (as between Huglo and you) remains with Huglo or its licensors. No right or licence to reproduce or otherwise use such intellectual property is granted to you by these Terms. 

The Website and the material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Huglo or its licensors or contributors.

Privacy

Huglo takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Huglo's Privacy Policy, which is available on the Website at www.huglo.com.au/privacy-policy.

Prohibited Conduct

The following conduct is strictly prohibited and, as a condition of use of the Website and the Huglo Comparison Service you agree that you will not:

  • use a false email address, impersonate others, or misrepresent your affiliation with others;
  • attempt to gain unauthorised access to computer systems or content through the Website;
  • attempt to or actually interrupt, negatively impact or alter the Website or Huglo Comparison Service operation in any way; 
  • use the Website or Huglo Comparison Service in a way that violates applicable law, that violates the privacy, intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading, illegal or defamatory;
  • engage in unauthorized copying, adaption, reverse engineering, decompiling, disassembling, or modification of any software or data; 
  • modify or adapt or change in any way the content of the Website or any associated documentation, in whole or in part for any purpose;
  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or make available the Website (otherwise than in accordance with these Terms); 
  • provide any copies of or disclose the Website or any associated documentation in any form to any third party; 
  • de-compile, disassemble, reverse engineer, decode, adopt, or otherwise attempt to derive or gain access to the source code of the Website or of any third party electricity vendor who is linked on the Website; 
  • permit access to the Website by any unauthorised third party; or
  • remove any copyright notices, trademark attribution, confidentiality notice, logo, legend or other information included in the Website.

Data Rights

In order to enable the Huglo Comparison Service we need to collect certain information from you which we will request as part of the functionality of the Website (Client Data). You warrant to us that you have all of the necessary legal rights to upload your Client Data to the Website.

The functionality of the Huglo Comparison Service and its outputs are improved on an ongoing basis (thus providing a benefit to you) when we use and process the Client Data along with information provided to Huglo by other users and also from independent third parties. Huglo Data is data which has been derived or created in the course of the performance of the Huglo Comparison Service. Huglo Data does not include Client Data.

You grant to Huglo a non-exclusive, royalty-free, worldwide, irrevocable license to use and process Client Data in order to provide the Huglo Comparison Service to you and to others and to create Huglo Data. Huglo will not use or retain any Client Data other than for the purpose of providing the Huglo Comparison Service and creating Huglo Data. 

Huglo has no obligation to retain Client Data after the Huglo Comparison Service has been performed for any specific transaction. We may permanently delete any Client Data from the Website immediately and without further notice. For details of the Client Data which we retain, please visit our Privacy Collection Statement and Privacy Policy.

Scope of the Comparison Service

Huglo does NOT receive any fee or commission from electricity vendors if you click through on a link to an electricity vendor. For more information on why Huglo is offering this free independent service, please see our FAQs.

Huglo provides factual information in relation to all publicly available retail electricity plans offered to consumers who are connected to Australia's National Electricity Market. (Note: At time of publication, consumers who are located in NT and WA are not connected to Australia's National Electricity Market). While Huglo attempts to make the entire range of relevant products offered by third party vendors available via the Website, it may not cover all the options available to you. Further, some products may not be available to you due to your location and/or meter type. The options available to you will also depend on where your property is located as electricity vendors may service different locations.

The information published on the Huglo Comparison Service is general in nature only and does not consider your personal objectives or particular needs. Huglo is not recommending any particular product or service or electricity vendor to you. If you decide to click through to an electricity vendor's site you will be dealing directly with that vendor and not Huglo.

Disclaimer on Estimates and Plans

Huglo's Comparison Service may provide an estimate of how much you might save. The estimated savings provided through the Huglo Comparison Service is based on: 

  • the Client Data you provide to us in relation to your historical use of electricity, including your needs and preferences and information relevant to creating your account and other information available from third parties (including regulators); 
  • our algorithms and general usage profiles for electricity service customers generally; and
  • data provided to us by third parties (noting that Huglo may utilise data acquired from the U.S. Department of Energy (DOE)/NREL/ALLIANCE as part of our calculations).

Huglo takes reasonable care when collecting and displaying product information and cost estimates on the site however we rely on the information which is made available to us from the third party electricity vendors. 

Huglo attempts to include all available retail electricity offers by third party electricity vendors in your electricity distribution region as part of finding the most suitable electricity plan for you. Huglo cannot guarantee that we have considered all such electricity plans, as offers may exist that we have been unable to identify (including offers that are not publicly advertised or not made widely available to the general public).

You are solely responsible to exercise your own judgement, considering your personal situation, to decide if an electricity plan is suitable for you. 

You may find that you are charged an early termination fee by your current electricity retailer.

You may find that you do not make the savings you anticipate because you have not met the terms and conditions of your contract with the new electricity vendor.

Accordingly, before you take up any electricity product offer Huglo strongly recommends that you read the relevant terms and conditions, the offer documentation and the relevant Plan I.D. energy fact sheets, which are available from each electricity vendor. 

If you decide to accept an offer and switch your electricity vendor you will be dealing with that vendor and not Huglo. Huglo cannot become involved in a dispute between you and your electricity vendor.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to the preceding clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  • Huglo will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Huglo Comparison Service or these Terms (including as a result of not being able to use the Huglo Comparison Service or the late supply of the Huglo Comparison Service ), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Huglo Comparison Service is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Huglo make any express or implied representation or warranty about the content on the Website or any electricity plans or offers or content (including the results or outputs of the Huglo Comparison Service). This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
  • costs incurred as a result of you using the Website, the content or any of the products of Huglo or a third party electricity vendor including the results or outputs of the Huglo Comparison Service; and
  • the content or operation in respect to third party links which are provided for your convenience.

Limitation of liability

Huglo's total liability arising out of or in connection with the Website, the Huglo Comparison Service and these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited to the resupply of the Huglo Comparison Service to you.

Links to third-party sites

Our Website contains links to other websites. These are provided for convenience only. We take no responsibility for the content and maintenance of, or privacy compliance by, any linked site. Any link to another site does not imply our endorsement, support, or sponsorship of the operator of that site nor of the information and/or products which they provide.

In order to provide the Huglo Comparison Service we rely on the information which is made available to us from the third party electricity vendors. Huglo takes no responsibility for the accuracy, currency, reliability and correctness of any information derived from various third parties (including third party electricity vendors) nor for the accuracy, currency, reliability and correctness of links or references to information sources outside of the Website. 

Care has been taken in providing these links as suitable reference resources however it is your responsibility to make your own investigations, decisions, and enquiries about the information retrieved from other internet sites including third party electricity vendors. 

Complaints

To lodge a complaint about the Huglo Comparison Service, please contact us by email at hello@huglo.com.au. Please include your name, contact details, and the nature of your complaint. We will respond to complaints within 14 days.

Do not call register

We do not require you to provide a phone number to use the Huglo Comparison Service. Where you request Huglo to contact you by phone and you provide your phone number for this purpose; or you request a quote for solar (via Huglo’s Solar Marketplace), then you give consent to be contacted by telephone on that number by either Huglo or our authorised representative. Your consent will be either an express or deemed consent for the purposes of the Do Not Call Register Act 2006 (if it applies).

General

These Terms are the entire agreement between Provider and Client with respect to the provision of the Huglo Comparison Service and use of the Website.

All prior representations and understandings, whether written or oral, are excluded.

If you use the Website you must comply with all policies and procedures as published by Huglo on our Website or otherwise published to users of the Huglo Comparison Service from time to time.

These Terms are accepted by you in their entirety and without exception. Any purported alteration of the Terms by the Client is not binding on Huglo.

Huglo's failure to exercise or enforce any right or provision of these terms does not constitute a waiver of such right or provision. 

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent so that the remaining provisions of these Terms will continue in full force and effect.

These Terms and any dispute or claim arising out of, or related to them, will be governed by and construed in accordance with the laws of the State of New South Wales, Australia without giving effect to any choice or conflict of law provision or rule. 


Effective: 25 August 2020