TERMS AND CONDITIONS OF USE
TERMS OF REGISTRATION AND LICENCE TO USE THIS SERVICE
PLEASE NOTE – Your use of this service and access to glycol consumption data via a local area network device such as an in-business display or smart appliance is conditional on you agreeing to be bound by these terms and conditions of use. By clicking “I Accept” you agree to be bound by these terms and conditions of use.
We reserve the right to cancel your use of this service if you breach these terms and conditions – including if you do not tell us when you vacate or sublet your premises.
1. ABOUT THIS SERVICE
The MMA Glycol Portal (“Service”) is an online application provided by the Melbourne Market Authority (“us, we, our”) that gives the occupier, or their duly authorised representative (in each case whether individuals, companies, partnerships or otherwise) (“you, your”), of a tenancy that is connected to the MMA Central Cooling Plant (“Premises”) access to glycol consumption data relevant to their Premises.
By registering for this Service, you can access your glycol consumption data in real time via a compatible local area network device (“your Device”) via a secure local area network (“your Network”).
As a part of this Service we also provide you with the option to receive periodic notifications about the glycol consumption in your premises. If you opt in to receive these notifications you will receive periodic notifications to notify when the glycol consumption in your Premises:
(a) Increases by [X]% compared to the Premises’ average glycol consumption for the prior 7-day period.
(b) Decreases by [X]% compared to the Premises’ average glycol consumption for the prior 7-day period.
(c) Reaches Zero.
These notifications will only be sent between the hours of 9am to 10pm Monday to Thursday and from 9am Friday through to 10pm Sunday.
You can opt into receiving these notifications when you register your account. You can opt out of receiving these notifications by e-mailing email@example.com.
2. HOW TO REGISTER
To use this Service and to be able to access your glycol data via your Device, you must apply to register an account with us. Registration is free but non-transferable. In return for free registration, you agree to allow us to collect and use certain personal information about you (such as your name, contact details, Premises and glycol consumption data).
When you register an account with us, the details you provide to us and your request to access your glycol consumption data will then be cross-checked against our records to verify your identity.
Before you register to use this Service, please be aware that:
(a) the personal and business details we collect from you may contain unique identifiers that can be used to ascertain your identity;
(c) we may not be able to provide the Services and may cancel your account if you withdraw your consent in relation to required personal or business details; and
(d) if you are accessing this Service as an authorised representative of an occupier of Premises you must obtain their prior consent. We may request evidence of this authorisation.
We may also cancel your account if you breach these T&Cs, you vacate your Premises and do not tell us or we reasonably suspect that you are not authorised to use this Service.
3. YOUR OBLIGATIONS
3.1. When you submit a registration request
When you submit a registration request you represent and warrant to us that:
(a) you are the occupier of the Premises nominated in your registration details in respect of which you are requesting access to the glycol consumption data; or
(b) if you are accessing this Service as an authorised representative of an occupier of Premises that you have obtained their prior consent in accordance with applicable privacy and confidentiality laws to access this Service and their glycol consumption data on their behalf.
3.2. Keeping your account details up to date
As soon as you become aware, you must notify us if:
(a) you vacate the Premises or sublet your Premises; or
(b) if you access this Service as an authorised representative of an occupier of Premises and they vacate or sublet the Premises or revoke their authority for you to access this Service on their behalf.
This is important because we can only provide the glycol consumption data to the occupier of the Premises or their authorised representative. If you vacate the Premises you will no longer be able to use this Service.
3.3. Your responsibility for this Service and other obligations
When you register for an account:
(a) you are provided with access to this Service only for your personal use;
(b) you must ensure that your access to and use of this Service is not illegal or prohibited by law;
(c) all intellectual property in this Service is owned or licensed by us and except for a licence to use this Service in accordance with these T&Cs, nothing in these T&Cs grants you any right, title or interest in relation to this Service. You must not copy, adapt or otherwise breach any intellectual property rights in the registration process, screen displays and anything else related to this Service;
(d) you must:
(i) only use this Service and the data provided to you for lawful purposes; and
(ii) ensure that any person you have expressly or impliedly authorised to use this Service and the metering data provided (including without limitation other household members or employees) abide by these T&Cs;
(e) you must not attempt to use or misuse this Service or the metering data provided to you:
(i) for any unauthorised commercial purpose;
(ii) to breach any law or regulation or allow any person to do the same; or
(iii) to infringe another person’s rights or expose us to liability or do anything which could bring us or our service providers into disrepute; or
(iv) in any way which may damage any property of a third party or injure or kill any person; and
(f) you must take all best efforts to restrict access to this Service and information delivered by this Service to only persons who are expressly authorised to use this Service and receive the glycol consumption data.
4. OUR OBLIGATIONS
4.1. Terms Implied by Statute
If you have statutory guarantees and other rights available to you at law that cannot be excluded under the Australian Consumer Law, nothing in these T&Cs limits or excludes any such rights.
4.2. Security of Information
We endeavour to ensure the security of all information we share with you and have implemented procedures and processes to meet the requirements of Victorian Data Security Laws. Unfortunately, no data transmission over the internet and via sms is guaranteed as totally secure. So, whilst we strive to protect such information, we cannot ensure the security of any information which is transmitted. In addition, we disclaim all responsibility for hacking or other wilful or unauthorised access to such information.
4.3. Hardware and Software Defects
If you use any third-party hardware or software (such as HAN or LAN hardware units manufactured
by third parties), we take no responsibility for defects in such hardware or software and
inaccurate readings, damage or loss arising from the use of such hardware or software.
We make no warranties that any third-party hardware or software will successfully connect to the nominated smart meter or this Service.
Consumption data is sourced via a Programmable Logic Controller (PLC) that reads the flow meter and converts this into kWh consumed. Should either the flow meter or PLC fail data will not be recorded. We take no responsibility for lost data due to system failure
4.4. This Service is Not Guaranteed to be Error Free
Subject to clause 7.1, you acknowledge that this Service cannot be guaranteed error free.
You acknowledge that the existence of any such errors will not constitute a breach of this
5. NO LIABILITY FOR DAMAGES
Except as expressly provided in these T&Cs, you acknowledge that we are not be liable to you for any loss or damage, including special, indirect or consequential damages (including damages for loss of profit, loss of revenue, or loss of opportunity) in relation to your use of this Service and receipt of information from this Service.
6. YOUR PERSONAL INFORMATION
6.1. Information that we may collect
You acknowledge that any personal information provided by you is freely given by you and with your consent. You acknowledge that we may obtain some personal information about your glycol consumption usage patterns as an incidental part of providing these services to you.
6.2. Our use of your information
(a) the use of your personal and business information to verify your identity for lawful purposes;
(b) the provision of your personal and business information to third-parties for lawful purposes such as the billing of your glycol consumption and assisting with maintenance of and upgrades to the MMA Central Plant that may be relevant to the performance of refrigeration services to your Premises;
(c) the use of your personal and business information in an aggregated and de-identified form for research and analysis purposes (in all such circumstances, we will ensure that individuals remain anonymous); and
(d) us sending you emails from time to time for administrative purposes, such as password resets, and other notifications, such as tips on how to use this Service, outage notifications, and glycol use notifications.
If you do not consent to any of the above uses, you can contact us via the website to discuss your requirements. However, we may not be able to provide the Services to you if we do not have your consent in relation to certain required personal and business information.
7. GLYCOL CONSUMPTION DATA SERVICE
7.1. Accuracy of information
Glycol data is derived from our systems, or, if you access information via a HAN or LAN device,
directly from your PLC. All data delivered to you is indicative only. This Service is a tool to help you track your glycol consumption use, but should not be relied on as completely accurate.
7.2. Maintenance and down time
We may conduct maintenance on this Service and/or your [PLC] from time to time.
Your use of this Service and your ability to access your glycol data via your Device may be temporarily disrupted from time to time for maintenance and related purposes.
7.3. Internet connection
(i) To access this Service you must maintain your own internet connection.
(ii) Website browsing and page loading will be based on the account holders Internet connection speeds and quality of the service from their Internet Service Provider and not the MMA.
(iii) It is the account holders responsibility to save guard their username and password and not reveal them to any person. Any actions or information preformed using your username will be deemed to have been done by you.
(iv) No transmission over the Internet is ever 100% secure. However we strive to protect your personal information and cannot guarantee its absolute security. MMA’s storage of your information is very important to us and we follow generally accepted industry standards when personal information is transmitted to us. When you login to the portal, our website is encrypted using secure socket layer technology (SSL).If you have concerns, please send the query to firstname.lastname@example.org
8. CHANGES TO THESE T&CS
We reserve the right to change these T&Cs from time to time. If we update these T&Cs you will be notified of any changes when you next access this Service. You may deregister your account at any time if you do not agree to these T&Cs (as amended).
9. TERM OF AGREEMENT
This agreement begins from the time you click “I Accept” and terminates automatically upon the occurrence of any of the following circumstances:
(a) if you breach any term of this agreement, upon notice by us that the agreement is terminated;
(b) if you cancel your account or give notice that you withdraw your consent in relation to personal information required to receive the services;
(c) if you move from or sublet your Premises or we consider that you are not or may not be the rightful recipient of information from a particular [PLC] installation;
(d) if you are a company, firm or partnership, if that company, firm or partnership is dissolved or wound up;
(e) if we reasonably suspect that your use of this Service is unauthorised, inappropriate or unlawful; and
(f) it becomes unlawful for us to provide this Service.
9.2. Consequences of Termination
Upon termination, your account will be disabled or deactivated and you will no longer be able to access data from this Service.
(a) We have no liability for any failure to comply with these T&Cs where failure is due to circumstances beyond our reasonable control.
(b) These T&Cs are governed by the law of Victoria, Australia.