TERMS AND CONDITIONS: NEM COMPARISON DASHBOARD
1. Introduction and Agreement
These Terms and Conditions (Terms) govern your access to and use of the NEM Comparison
Dashboard (Dashboard) provided by PortfolioEnergy Consultancy B.V. registered in the
Netherlands under Trade Register under number 97092533 (we, us, or our). By clicking "I
Accept" or by accessing the Dashboard, you agree to be bound by these Terms on behalf of
your organisation (Licensee).
2. Vetted Access and Rejection Right
Access to the Dashboard is intended for qualified organisations, including BESS
developers, trading teams, and asset owners.
- Application: Your online sign-up constitutes an application for access.
- Discretion to Reject: We review each application and reserve the right
to decline access at our absolute discretion.
- Eligibility: You represent that you are at least 16 years old and have
the authority to bind your organisation to these Terms.
3. License and Use Restrictions
We grant your organisation a non-exclusive, non-transferable license to use the Dashboard
during the term of your subscription.
- Internal Use Only: You may only use the Dashboard for your own internal
benchmarking and procurement decisions.
- No Sharing of Logins: Login credentials must be kept secure. You must
not share login details with any individual outside of your specific organisation.
- Prohibited Acts: You must not attempt to reverse engineer, de-compile,
or modify any part of the Dashboard.
4. Data and Intellectual Property
- Ownership: We (or our licensors) own all intellectual property rights
in the Dashboard, including the software and all derivative data.
- External Sharing Restriction: You must not share, publish, or distribute
any data, screenshots, or reports generated by the Dashboard to any third party without
our express written consent.
- Public Data: While actual performance data is sourced from public AEMO
reports, the specific comparison views and shadow run data are our proprietary
information.
5. Fees and Payment
- Pricing: Fees are as specified during the sign-up process or in your
agreed pricing plan.
- Payment: Unless otherwise agreed, fees are exclusive of GST and are
payable in Australian Dollars.
- Late Payment: Failure to pay fees when due may result in immediate
suspension of your access.
6. Disclaimers and Liability
- Information Only: The Dashboard is provided for informational purposes.
We do not warrant that the service will be uninterrupted or error-free and we are not
liable for any indirect, incidental, or consequential damages.
- Australian Consumer Law (ACL): Nothing in these Terms excludes or limits
any guarantees you have under the ACL that cannot be excluded.
- Liability Cap: To the maximum extent permitted by law, our total
liability for any claim is limited to the fees paid by you in the 12 months preceding
the claim.
7. Termination
- By You: You may cancel your subscription by providing 30 days' written
notice.
- By Us: We may suspend or terminate your access immediately if you
breach these Terms or fail to pay fees.
8. Privacy
Your use of the Dashboard is subject to our privacy policy, which explains how we collect
and process personal data in accordance with Australian Privacy Act 1988.
9. Governing Law
These Terms are governed by the laws of Victoria, Australia, and the parties submit to
the jurisdiction of the courts in Melbourne.
10. Changes to These Terms
We may update these Terms from time to time. We will post the updated version on this
page and update the "Last Updated" date. Continued use of the Dashboard constitutes
acceptance of the updated Terms.
11. Contact Us
For questions about these Terms, please contact:
PortfolioEnergy
Email: info@portfolioenergy.com
Address: Leidenlaan 16E, 6229 EZ, Maastricht, Netherlands