Terms and Conditions

1. About the Website

 

1.1 Welcome to www.teluselectrical.com.au (the 'Website'). The Website provides you with an opportunity to browse various products that have been offered for free or at low cost through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

 

1.2 The Website is operated by Telus Electrical Services Pty Ltd (ACN 630048074) . Access to and use of the Website, or any of its associated Products or Services, is provided by Telus Electrical Services Pty Ltd. Please read these terms and conditions (the '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. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

 

1.3 Telus Electrical Services Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Telus Electrical Services Pty Ltd 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 the Terms for your records.

2. Acceptance of the Terms

 

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 Telus Electrical Services Pty Ltd in the user interface.

 

2.1 Purchase of free or low cost energy solutions provided by Telus Electrical Services Pty Ltd

2.11 When registering your interest in our services you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to:

  • Email address

  • Phone number

  • Full name

  • Address

  • Household details (e.g. existing appliance and lighting types)

 

2.12 You warrant that any information you give to Telus Electrical Services Pty Ltd in the course of completing the enrolment and eligibility check process will always be accurate, correct and up to date.

2.13 You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Telus Electrical Services Pty Ltd; or

(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

2.14 As an accredited provider (AP) of the Victorian Energy Upgrades program we are required to comply with the program rules set by the Department of Environment, Land, Water and Planning (DELWP) and the Essential Services Commission (ESC). Telus Electrical Services Pty Ltd reserves the right to refuse service to prospective customers where they do not meet the required eligibility criteria of the program.

2.15 Telus Electrical Services Pty Ltd reserves the right to refuse service to a customer for any reason. Where service is refused, Telus Electrical Services Pty Ltd may recommend alternative APs of the VEU program.

 

3. Warranty

3.1 Telus Electrical Services Pty Ltd Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').

3.2 In Home Display (Energy Advisor) Devices

 

3.21 Telus Electrical Services Pty Ltd Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').

 

3.22 You may make a claim under this clause (the ' Warranty Claim') for material defects and workmanship in the Products within 1 year from the date of purchase (the ' Warranty Period').

 

3,23 In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Telus Electrical Services Pty Ltd showing the date of installation of the Products, provide a description of the Products and the price paid (if applicable) for the Products by sending written notice to Telus Electrical Services Pty Ltd at 85 Simcock Avenue, Spotswood, 3015 or by email at info@teluselectrical.com.au.

 

3.24 Where the Warranty Claim is accepted then Telus Electrical Services Pty Ltd will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts. The warranty will not include installation but instructions on installation will be provided.

 

​3.25 All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

 

3.26 The Warranty does not apply to any appearance of the supplied Products and where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

3.3 LED Lighting

3.31 Telus Electrical Services Pty Ltd Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').

3.32 You may make a claim under this clause (the ' Warranty Claim') for material defects and workmanship in the Products within 1 year from the date of purchase (the ' Warranty Period').

3,33 In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Telus Electrical Services Pty Ltd showing the date of installation of the Products, provide a description of the Products and the price paid (if applicable) for the Products by sending written notice to Telus Electrical Services Pty Ltd at 85 Simcock Avenue, Spotswood, 3015 or by email at info@teluselectrical.com.au.

3.34 Where the Warranty Claim is accepted then Telus Electrical Services Pty Ltd will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts. The warranty will not include installation but instructions on installation will be provided.

​3.35 All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

3.36 The Warranty does not apply to any appearance of the supplied Products and where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

4. Copyright and Intellectual Property

 

4.1 The Website, the Purchase Services and all of the related products of Telus Electrical Services Pty Ltd are subject to copyright. 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 site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Telus Electrical Services Pty Ltd or its contributors.

 

4.2 Telus Electrical Services Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

 

  • the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Telus Electrical Services Pty Ltd; or

  • the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

  • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

 

4.3 You may not, without the prior written permission of Telus Electrical Services Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

 

​5. Privacy

 

Telus Electrical Services Pty Ltd takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Telus Electrical Services Pty Ltd Privacy Policy, which is available on the Application.

5.1 Privacy Specific to In Home Display (Energy Advisor) Devices

  • Information transmitted from your electricity meter to the In home Display Unit is considered personal information and is subject to the National Privacy Principles (NPPs).

  • The device stores information required to operate the application. This information includes your name, email address, phone number, property address, and information relating to the electrical and gas appliances installed at your property. The device stores your electricity usage history to help you track your electricity usage patterns. This information may be able to be viewed by Emerald Planet, the manufacturer of the In Home Display Unit, and Telus Electrical Services. Telus Electrical Services Pty Ltd will not share any of your information with other parties, except for where required by the Victorian State Government as part of the Victorian Energy Upgrades program.

6. Eligibility

6.1 Telus Electrical Services Pty Ltd will only provide services to prospective customers that meet all the eligibility requirements.

6.12 To qualify for an In Home Display Unit Installation the following list of eligibility criteria must be met. This list of eligibility criteria may change at any time and this list may not be exhaustive.

  • You must have never had an In Home Display installed previously

  • You must live in Victoria in an area Telus Electrical Services Pty Ltd is currently servicing

  • You must have a smart meter 

  • You must not be part of a community electricity network

  • Your smart meter must be located within 10 meters of your house

  • You must reside in a freestanding home or townhouse

  • You must have a smart device with the most recent software installed. Some phones may not be compatible and if this occurs you will not be eligible

  • You must be the registered electricity account holder or their authorised agent

6.13 To qualify for an LED Lighting Installation the following list of eligibility criteria must be met. This list of eligibility criteria may change at any time and this list may not be exhaustive.

  • You must have never had your fittings upgraded with LED light globes previously under the VEU program

  • You must live in Victoria in an area Telus Electrical Services Pty Ltd is currently servicing

  • You must be the owner or tenant of the property

  • You must be willing for us to remove the old globes from the premises

7. General Disclaimer

 

  • You acknowledge that Telus Electrical Services Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

 

  • Telus Electrical Services Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

 

  • Nothing in these 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 this clause, and to the extent permitted by law:

 

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

 

  • Telus Electrical Services Pty Ltd 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

 

  • Use of the Website, the Purchase Services, and any of the products of Telus Electrical Services Pty Ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Telus Electrical Services Pty Ltd, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Telus Electrical Services Pty Ltd (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Telus Electrical Services Pty Ltd

 

  • 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 Purchase Service, 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 Purchase Services or any of the Products;

 

  • the Content or operation in respect to links which are provided for the User's convenience;

 

  • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

 

  • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

 

  • Limitation of Liability

 

  • Telus Electrical Services Pty Ltd total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of  Telus Electrical Services Pty Ltd is the resupply of information or Purchase Services to you.

 

  • You expressly understand and agree that Telus Electrical Services Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 

  • Telus Electrical Services Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Telus Electrical Services Pty Ltd , by third parties or by any of the Purchase Services offered by  Telus Electrical Services Pty Ltd.

 

  • You acknowledge that Telus Electrical Services Pty Ltd does not provide the Delivery Services to you and you agree that Telus Electrical Services Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in