Flexible Exports Consumer Trial Terms and Conditions

Effective 8 August 2024

1. The Trial

These Terms and Conditions apply to your registration for, and participation in, the Endeavour Energy (Endeavour Energy, we, us, our) Flexible Exports Trial (Trial). The Trial aims to give registered participants (you) the opportunity to assist us in managing electricity network constraints by allowing us to limit the export of excess solar energy generated by your rooftop solar photovoltaic (PV) system to the Endeavour Energy electricity distribution network, at certain times. Outside of constraint periods, we will release up to 5kW of additional exports from your system.

The details of the Trial are set out in Schedule A to these Terms and Conditions and you may be subject to additional terms and conditions, as set out in Schedule A (Additional Terms). If there is any inconsistency between Sections 1 to 19 of these Terms and Conditions and any Additional Terms, then the Additional Terms will prevail to the extent of that inconsistency.

You acknowledge and agree that, if your registration for the Trial is approved, these Terms and Conditions and any Additional Terms (together, the Terms) represent the contractual relationship between you and Endeavour Energy in respect of your participation in the Trial and apply from the date on which you accept the Terms. By registering for the Trial, you acknowledge that you have read, understood, and agree to be legally bound by the Terms. You are under no obligation to register or participate in the Trial and if you do not accept the Terms, do not register to participate in the Trial.

We may amend the Terms from time to time without notice to you. You should regularly check the Terms at www.endeavourenergy.com.au/modern-grid/flexible-exports/consumer-trial/terms-and-conditions or any amendments. If the Terms are amended, you must comply with the updated Terms, and your continued participation in the Trial will constitute your acceptance of any such updated Terms.

2. Solar inverter

You will be participating in the Trial using an existing solar inverter that you own and that is eligible to be used in connection with the Trial (which eligibility will be determined by Endeavour Energy, in its discretion) (Inverter). During the Trial Term, we will monitor and manage the export of excess solar energy generated by your rooftop solar PV system to the Endeavour Energy electricity distribution network (via the Inverter), at certain times.

We do not warrant or guarantee:

(a)  the reliability or performance of the Inverter (the continuous, uninterrupted, secure, or error-free use of the Inverter as per the manufacturer’s warranties);

(b)  your export limit will be at the 10kW maximum if communications is lost to the Inverter or there are other faults within the Inverter; or

(c)  you will save any money (on your electricity charges, or otherwise) as a result of using the Inverter or participating in the Trial.

3. Trial term and incentive

Endeavour Energy may, in its discretion, select any number of participants for the Trial from 5 August 2024 to 30 June 2026 (or such other dates as may be determined or changed by Endeavour Energy from time to time) (Trial Term). Endeavour Energy may also, in its discretion, increase or decrease the number of eligible participants in the Trial, at any time.

In exchange for your participation in the Trial, you may also be eligible to receive a financial incentive (Incentive) from Endeavour Energy.

4. Registration

If you would like to register to participate in the Trial, we recommend that you visit the Website and assess your eligibility to participate, based on the Eligibility Criteria. If you meet the Eligibility Criteria, then you may register for the Trial via the Website.

Once you have registered for the Trial and your registration is approved by us, you will receive notification from us as to your eligibility to participate in the Trial, as well as any relevant next steps, including in respect of the registration of your existing Inverter. You acknowledge and agree that we may, once you are registered and approved to participate in the Trial, in our discretion and:

(a) without notice to you:

i) prevent further registrations for the Trial;
ii) change the Qualifying Areas; and
iii) add, remove, or modify any specific Incentives that you do not currently receive as part of your participation in the Trial; and

(b) with notice to you:

i) add, remove or modify any specific Incentives that you may currently receive as part of your participation in the Trial;
ii) determine that you are ineligible to receive an Incentive; and/or
iii) determine that you are ineligible to participate in the Trial, including if you fail to meet one or more of the Eligibility Criteria.

5. Eligibility criteria

Without limiting any discretion afforded to Endeavour Energy under Section 4 above, and in addition to any specific eligibility criteria set out in Schedule A, in order to participate in the Trial, you must ensure that, and you are representing to us that:

(a)  you are an individual of at least 18 years of age;

(b)  you have a single phase working rooftop solar PV system with:

i) a rated power output greater than 5kW;
ii) a compliant Inverter that can be connected to your home internet via Wi-Fi or an ethernet cable;

(c)  you have net export metering configured to the Inverter;

(d)  you are the lawful occupier of the residence at which the Inverter is installed (Qualifying Property);

(e)  the Qualifying Property is within the Endeavour Energy Electricity Distribution Network Area (Qualifying Area); and

(f)   you have the consent of the other residents of the Qualifying Property to participate in the Trial (and you can prove, if required, that you have obtained such consent), except to the extent that you are the parent or legal guardian of any other resident, or any other resident is under the age of 18,

(together, the Eligibility Criteria).

You must inform us as soon as possible if you do not, or no longer meet these Eligibility Criteria.

6. Participant restrictions

You acknowledge and agree that:

(a) you may not transfer, assign, novate or otherwise deal with your rights or obligations under the Terms, or your participation in the Trial, to any other person, without our consent; and

(b) you must not tamper with, or do anything, or omit to do anything that would affect, interfere with or compromise the operation of the Inverter or the Endeavour Energy electricity distribution network. Tampering with your installation will result in loss of potential savings.

7. Warranties

You warrant and represent that:

(a) all information that you provide to us is complete and accurate;

(b) all individuals residing in or occupying the Qualifying Property are of good health;

(c) your participation in the Trial will not compromise any individual’s health or wellbeing;

(d) you have considered your health and fitness, and the health and fitness of any other residents or occupants of the Qualifying Property, in deciding whether or not to participate in the Trial;

(e) all individuals occupying the Qualifying Property are of good health and that your participation in the Trial will not compromise any individual’s health or wellbeing; and

(f) to the best of your knowledge, there is no fact, matter, event or circumstance that exists, which would:

i) make you ineligible for, or which means that you should not participate in the Trial; or
ii) mean that your participation in the Trial will or may raise a health risk to you or any other resident or occupant of the Qualifying Property.

8. Accessibility

You must provide your own internet access in order to participate in the Trial and use the Inverter. You are responsible for all internet access, data download and other network charges arising from your participation in the Trial and you acknowledge and agree that we have no responsibility or liability for those charges.

You acknowledge and agree that your participation in the Trial is without any service level or other performance guarantee and in particular, we make no guarantee as to the reliability or performance of the Inverter. The performance of the Inverter depends on various factors, including the speed of your internet connection, and the systems that support it, as well as any third party systems, over which we have no control.

In addition, we do not guarantee that use of the Inverter will result in energy and cost savings.

9. Maintenance

You acknowledge and agree that, unless otherwise advised by Endeavour Energy, you are responsible for taking care of the Inverter and must ensure that the Inverter is not damaged in any way (subject to fair wear and tear).

10. Communication with the Inverter

We will be remotely communicating with the Inverter on a continuous basis during the Trial Term.

You may still use the Inverter and we will communicate with the Inverter to manage the export of excess solar energy generated by your rooftop solar PV system to the Endeavour Energy electricity distribution network, at certain times.

11. Security

While we will take reasonable steps to protect the security of the transmission of data over the internet in connection with the Trial (including the transmission of data to us from the Inverter), you acknowledge that we do not warrant or guarantee the security of any such data, or the security of its transmission over the internet. In addition, you acknowledge and agree that, to the extent permitted by law, we disclaim all responsibility for any loss of, or wilful or unauthorised access to, such data.

You are solely responsible for the security of your internet connection, related devices (such as routers and modems) and smartphone (including any data stored on your smartphone) and for using appropriate and up-to-date software on your smartphone to detect and manage the threat posed by viruses and other harmful code.

The Inverter uses the internet to function, and by using the Inverter, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code, even if they are introduced in connection with your use of the Inverter.

12. Third party links

You acknowledge that the Website may contain, or Endeavour Energy may provide you from time to time, links to other third party websites and systems over which we have no control (each, a Third Party Link).  You acknowledge and agree that we are not responsible for their use, effect, or content, including any Loss suffered by any person in connection with such use. You acknowledge and agree that you access such Third Party Links at your own risk, and we make no representations or warranties as to, and accept no responsibility or liability for your use of, or the security of, such Third Party Links.

13. Privacy and Trial data

You acknowledge and agree that:

(a) in connection with your participation in the Trial, we will collect and use certain data (which may include Personal Information) about you and occupants of the Qualifying Property; and

(b) by choosing to participate in the Trial, any Personal Information provided by you or collected by us in connection with the Trial is freely given by you, with your consent.

The information that we may collect and store throughout your participation in the Trial includes (without limitation):

(a) your name, email address and contact details;

(b) the National Metering Identifier (NMI) for your electricity meter (a unique 10 or 11 character identifier beginning with ‘431’ or ‘NEEE’);

(c) any other identification information for the Inverter;

(d) the make, model and size of your relevant Inverter;

(e) the details of your rooftop solar PV system ;

(f) the details of any smart devices (such as smart meters) you use;

(g) information regarding the generation and/or usage of energy in your home, including the amount of energy generated and/or used, and the time and frequency of such generation and/or usage;

(h) information provided by the Inverter itself, such as status and telemetry data; and

(i) any other information contemplated in Schedule A,

(Trial Data).

We will collect and store Trial Data in accordance with the Terms, the Privacy Policy, and the applicable privacy legislation, and you acknowledge and agree that we may use the Trial Data for any purpose including (without limitation) for the purposes of:

(a) improving our electricity distribution network;

(b) extracting data insights from the information generated through the Trial;

(c) verifying your identity;

(d) research and analysis; and

(e) us sending you communications from time to time for administrative purposes related to the Trial and direct marketing in relation to products and services offered by us, even after the Trial Term.

You grant to Endeavour Energy a perpetual, irrevocable, royalty free licence to use the Trial Data for any purpose, including to disclose Trial Data to any third parties to which we outsource some or all of our services, and we note that each such third parties are contractually obligated to protect the confidentiality (and to the extent relevant, privacy) of the Trial Data.

You acknowledge and agree that all Trial Data (except to the extent that any Trial Data is, or contains, Personal Information) is owned by us, on and from the time at which that Trial Data is created, collected, or generated.

If you do not want your Personal Information being used for any of the above purposes, please email us at flexible.exports@endeavourenergy.com.au.

14. Consumer guarantees

Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).

Where you as a Consumer acquire goods or services under the Terms through your participation in the Trial:

(a) that are of a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Goods or Services), then the operation of the Consumer Guarantees cannot be, and are not in the Terms, excluded, restricted or modified; or

(b) that are not PDH Goods or Services, then we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to, at our option:

i) in the case of goods, repairing or replacing the goods or paying the cost of having those goods repaired or replaced; and
ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied,

and we do not exclude or limit the operation of the Consumer Guarantees under any other provision of the Terms or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.

15. Indemnity

You agree to indemnify us and hold us harmless from and against any Loss suffered by us in connection with (including in connection with any claims made by third parties in relation to):

(a) our inability to communicate with the Inverter in accordance with these Terms, where that inability is not caused by our act or omission;

(b) your breach of the Terms;

(c) the fraud, negligence, recklessness or unlawful act or omission of you or any other resident, tenant or occupant of the Qualifying Property, or any third party who attends the Qualifying Property for any purpose; and

(d) any claims made by third parties arising from your possession or use of the Inverter or participation in the Trial.

16. Liability

You acknowledge and agree that your participation in the Trial is at your own risk.

To the extent permitted by law, we exclude from the Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene any law or cause part or all of this Section 16 to be void).

To the extent permitted by law and except for any liability under the Consumer Guarantees, you acknowledge and agree that we exclude all responsibility and liability arising from or in connection with your participation in the Trial, including (without limitation):

(a) in relation to:

i) any determination that you are ineligible to participate in the Trial;
ii) any decision to select you, or not to select you, to participate in the Trial;
iii) the supply or interruption of supply of electricity to the Qualifying Property;
iv) the use, repair, delay in repairing (or failure to repair) or replacement of the Inverter and any other equipment used in connection with the Trial;
v) the loss of (by way of theft or otherwise) or damage to the Inverter;
vi) any claims by third parties arising from or in connection with your participation in the Trial; and
vii) your use of any Third Party Links;

(b) any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive, or exemplary Loss; and

(c) any other Loss.

17. Withdrawal, suspension, and cancellation

(a) You may cancel your participation in the Trial at any time, by emailing us at flexible.exports@endeavourenergy.com.au.

(b) We reserve the right at any time to withdraw or cancel the Trial, or suspend or cancel your participation in the Trial, by providing you with written notice of such withdrawal, suspension, or cancellation.

You acknowledge and agree that you may be ineligible to receive any Incentives to which you may otherwise be entitled in exchange for your participation in the Trial if Endeavour Energy exercises its rights under this Section 17.

18. End of the Trial Term

At the end of the Trial Term, we will automatically transition you to our ongoing flexible exports program where you can expect similar savings.

19. Miscellaneous

You acknowledge and agree that we do not waive a right, power, or remedy in connection with the Terms if we fail to exercise or delay in exercising the right, power, or remedy.

If any provision of the Terms is found to be invalid by a court of competent jurisdiction, then the relevant provision may be severed from the Terms and the invalidity of that provision will not affect the validity of the remaining provisions.

All provisions of the Terms, which, by their nature, should survive termination, suspension, or discontinuation of your participation in the Trial shall survive such termination, suspension, or discontinuation, including Sections 7, 13, 14, 15, 16 and 19.

The Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts having appeal from them.

20. Definitions

In the Terms:

Additional Terms has the meaning given to that term in Section 1 of the Terms;

Australian Consumer Law has the meaning given to that term in Section 4 of the Competition and Consumer Act 2010 (Cth);

Consumer has the meaning given to that term by Section 3 of the Australian Consumer Law;

Consumer Guarantee has the meaning given to that term in Section 14 of the Terms;

Eligibility Criteria has the meaning given to that term in Section 5 of the Terms;

Endeavour Energy means the Endeavour Energy Network Operator Partnership (trading as Endeavour Energy) (ABN 11 247 365 823);

Incentive has the meaning given to that term in Section 3 of the Terms;

Inverter has the meaning given to that term in Section 2 of the Terms;

Loss means any liabilities, losses, damages, costs, and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning;

Electricity Distribution Network Area means the electricity distribution network area operated or controlled by Endeavour Energy from time to time;

PDH Goods and Services has the meaning given to that term in Section 14 of the Terms;

Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth);

Privacy Policy means Endeavour Energy’s privacy policy, as amended from time to time and published on our corporate website at www.endeavourenergy.com.au/privacy-and-disclaimer;

Qualifying Area has the meaning given to that term in Section 5(e) of the Terms;

Qualifying Property has the meaning given to that term in Section 5(d) of the Terms;

Schedule has the meaning given to that term in Section 1 of the Terms and refers to Schedule A of the Terms;

Terms has the meaning given to that term in Section 1 of the Terms;

Third Party Link has the meaning given to that term in Section 12 of the Terms; and

Trial has the meaning given in Section 1 of the Terms;

Trial Data has the meaning given to that term in Section 13 of the Terms;

Trial Term has the meaning given to that term in Section 3 of the Terms;

Website means the website created by Endeavour Energy in connection with the Trial, located at www.endeavourenergy.com.au/modern-grid/flexible-exports/consumer-trial