PowerSavers Terms and Conditions

Effective 1 April 2023

1. The program

These Terms and Conditions apply to your registration for, and participation in, the Endeavour Energy (Endeavour Energy, we, us, our) ‘PowerSavers^TM' program (Program). The Program aims to give registered participants (each, a Member, you) the opportunity to assist us in managing the load on the electricity network, by allowing us to manage the energy generation and/or consumption of Members’ home electronic devices, at certain times.

The Program consists of five plan options that Members can select from (each, a Plan), the details of which are set out in the Schedules to these terms and conditions (each, a Schedule). Depending on the Plan or Plans you select, you may be subject to additional terms and conditions for that Plan, as set out in the Schedules (Additional Terms). If there is any inconsistency between Sections 1 to 26 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 Program 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 Program, and apply from the date on which you accept the Terms. By registering for, and participating in, the Program, you acknowledge that you have read, understood and agree to be legally bound by the Terms. You are under no obligation to participate in the Program and if you do not accept the Terms, do not register to participate in the Program.

We may amend the Terms from time to time without notice to you. You should regularly check the Terms for any amendments. If the Terms are amended, you must comply with the updated Terms, and your continued participation in the Program will constitute your acceptance of any such updated Terms.

2. Devices

When you participate in the Program, and depending on the Plan or Plans you choose, you may:

(a) be able to use an existing device that you own and that is eligible to be used in connection with the Program (which eligibility will be determined by Endeavour Energy, in its discretion) (Existing Device); or
(b) be able to use an existing device that you previously received from Endeavour Energy in connection with your participation in the Program in an earlier year or another past Endeavour Energy program (Existing Endeavour Energy-supplied Device); or
(c) receive from Endeavour Energy, one or more of a selection of devices to use in connection with the relevant Plan(s), each of which are detailed in the Schedules,

(each, a Device), and during the Program Term, we will monitor and manage the energy consumption and/or generation of your relevant home electronic device (via the Device) on Event Days, and only at the Specified Times.

We do not warrant or guarantee that:

(a) you will be able to use the Device;
(b) your use of the Device will be continuous, uninterrupted, secure or error-free;
(c) the Device will operate effectively at all times;
(d) your relevant electronic device will successfully connect to the Device; or
(e) you will save any money (on your electricity charges, or otherwise) as a result of using the Device or participating in the Program.

3. Program term and incentives

Endeavour Energy may, in its discretion, select any number of Members to participate in the Program from 31 March 2022 to 31 March 2025 (or such other dates as may be determined by Endeavour Energy from time to time) (Program Term). Endeavour Energy may also, in its discretion, increase or decrease the number of Members eligible to participate in the Program, at any time.

In exchange for your participation in the Program, you may also be eligible to receive an incentive from Endeavour Energy, as follows:

(a) if you provided an Existing Device, a financial incentive (detailed in the Schedules), depending on the Plan(s) you choose; or
(b) if you do not own a Device, upon registering for the Program, you will be provided with a Device (if relevant to the Plan(s) you choose) at no cost to you,

(in each case, an Incentive).

4. Registration

If you would like to register to participate in the Program, we recommend that you visit the Website and assess your eligibility to participate, based on the Eligibility Criteria and select the Plan or Plans you may want to participate in. If you think that you meet the Eligibility Criteria, then you may register for the Program via the Website and select a Plan or Plans.

Once you have registered for the Program and your registration is approved by us, you will receive notification from us as to your eligibility to participate in the Program and the relevant Plan(s) you selected, as well as any relevant next steps, including in respect of the registration of any Existing Devices, or alternatively, the delivery and installation of your Device that is not an Existing Device (as applicable). You acknowledge and agree that we may, once you are registered and approved to participate in the Program, in our discretion and:

(a) without notice to you:
i) prevent further registrations for the Program;
ii) change the Qualifying Areas; and
iii) add, remove or modify any specific Plans and/or Incentives that you have not chosen to participate in and/or do not currently receive as part of your participation in the Program; and

(b) with notice to you:
i) add, remove or modify any specific Plans and/or Incentives that you choose to participate in and/or currently receive as part of your participation in the Program;
ii) determine that you are ineligible to receive an Incentive; and/or
iii) determine that you are ineligible to participate in the Program or a particular Plan, including if you fail to meet one or more of the Eligibility Criteria.

5. The website and the app

Once you have selected your Plan(s) and your registration is approved by us, you will also be able to access and use (as applicable, according to the Plan(s) you choose):

(a) the Website, where you can set up your personalised profile and connect your Device; and
(b) the App, where you can monitor your energy generation and/or consumption and control your Device, at no cost to you.

In using the Website or the App, you must comply with the ‘Terms and Conditions of Use’ (or similar) for the App and the Website (as applicable) and you agree that we will not be responsible for any Loss suffered or incurred by you in connection with your use of the Website or the App.

You acknowledge and agree that any information provided by the Device and/or the App are estimates and are indicative only. We do not guarantee the accuracy of the data provided by the Device and/or the App or that actual electricity generation and/or consumption and any potential associated bill reductions will match information provided by the Device and/or the App.

6. 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 the Schedules, in order to participate in the Program, 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 are the lawful occupier of the residence at which the Device is, or is to be, installed (as applicable) (Qualifying Property);
(c) the Qualifying Property is within the Endeavour Energy Network Distribution Area (Qualifying Area);
(d) you have the consent of the other residents of the Qualifying Property to participate in the Program (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; and
(e) you have a functioning internet connection at the Qualifying Property, with Wi-Fi connectivity, as well as a functioning smartphone to access the App (if applicable),

(together, the Eligibility Criteria).

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

7. Member restrictions

You acknowledge and agree that:

(a) you may only participate in the Program as a resident of one Qualifying Property;
(b) you may not transfer, assign, novate or otherwise deal with your rights or obligations under the Terms, or your participation in the Program, to any other person, without our consent;
(c) you must not tamper with, or do anything, or omit to do anything that would affect, interfere with or compromise the operation of the Device or the Endeavour Energy electricity distribution network; and
(d) for any Devices that are not Existing Devices, you must not remove, obscure, obstruct, tamper with or alter any copyright marks, trademarks or other proprietary marks or notices on the Device, including any references to the Program.

8. 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 Program 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 Program;
(e) all individuals occupying the Qualifying Property are of good health and that your participation in the Program and relevant Plan(s) 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 Program or any Plan; or
ii) mean that your participation in the Program will or may raise a health risk to you or any other resident or occupant of the Qualifying Property.

9. Accessibility

You must provide your own internet access and compatible smartphone in order to participate in the Program and use the Device and the App (if applicable). You are responsible for all internet access, data download and other network charges arising from your participation in the Program and you acknowledge and agree that we have no responsibility or liability for those charges.

If applicable, you are responsible for the operation and maintenance of your smartphone and for ensuring that the App is accessible from your smartphone, this includes (without limitation) a responsibility to ensure the installation of a compatible operating system for the operation and use of the App on your smartphone.

You acknowledge and agree that the Device (as applicable) and the Program are provided by Endeavour Energy ‘as is’, without any service level or other performance guarantee and in particular, we make no guarantee as to the reliability or performance of the Device. The performance of the Device depends on various factors, including the speed of your internet connection and your smartphone, and the systems that support them, as well as any third party systems, over which we have no control.

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

10. Delivery of devices

If you don’t have an Existing Device, within a reasonable time after your registration with the Program, we or the Supplier will deliver a Device to you at the Qualifying Property. It is your obligation to ensure that the correct delivery address is provided to us at the time of registration for the Program.

If the correct address is not provided, we can re-direct the delivery of the Device to the correct address, at your cost.

You may be required to sign a proof of delivery document when the Device is delivered. If you are not available to take delivery of the Device, then it will be taken to a local depot or post office and you will be required to liaise with the relevant third party to arrange redelivery of the Device. You will be responsible for any costs you incur in connection with such redelivery.

If the Device is, or appears to be, faulty upon delivery, please email us at powersavers@endeavourenergy.com.au as soon as you can.

11. Installation of the device by the member

Except if, depending on the Plan you choose, the Device is to be installed by the Supplier, upon delivery of the Device (if applicable to the Plan you choose), you must:

(a) install the Device at the Qualifying Property in accordance with the relevant manufacturer’s instructions, which will be provided to you;
(b) connect the Device via Wi-Fi to your relevant electronic device; and
(c) register the Device with the Supplier as soon as you can. In order to do this, you must (depending on the Plan you choose):

i) install the App on your Device; and
ii) register the Device on the App.

12. Installation of the device by the supplier

Depending on the Plan you choose, once you are approved to participate in the Program, the Supplier will offer to supply and install the Device at your Qualifying Property, subject to the terms of a separate contract entered into as between you and the Supplier (Installation Contract).

If the Supplier offers to supply and install the Device at your Qualifying Property under an Installation Contract, you acknowledge and agree that:

(a) you will carefully read the terms of the Installation Contract before signing it;
(b) if you wish to participate in the Program in respect of a Plan whereby the Device will be installed by the Supplier, then you must enter into an Installation Contract with the Supplier. However, registering to participate in the Program does not compel you to enter into an Installation Contract, and you may choose not to sign the Installation Contract and as a consequence, not participate in the Program;
(c) if you do not enter into an Installation Contract with the Supplier within 10 Business Days of receiving the Installation Contract, then Endeavour Energy may withdraw you from the Program; and
(d) your participation in the Program will only commence once you have signed the Installation Contract, after which, the installation of the Device at the relevant Qualified Property will be organised and completed by the Supplier.

13. Maintenance

You acknowledge and agree that, unless otherwise advised by Endeavour Energy:

(a) you are responsible for taking care of the Device and must ensure that the Device is not damaged in any way (subject to fair wear and tear); and
(b) for Devices that are not Existing Devices:

i) if you lose or damage the Device, then you will be required to pay Endeavour Energy for the cost of the Device;
ii) the Device is the property of Endeavour Energy and title to the Device will remain with Endeavour Energy at all times;
iii) if the Device is damaged at any time during the Program Term and that damage was caused by:

A) an act or omission by you, we may, in our discretion, provide a replacement Device (at your cost) or withdraw you from the Program; or
B) an act or omission by Endeavour Energy or a Supplier or a an inherent defect in the Device, we may, at your election, provide a replacement Device (at our cost) or withdraw you from the Program; and

iv) support for the Device will be provided to you by the Supplier during the Program Term, in accordance with the Supplier’s terms of service, which may be provided to you by the Supplier.

If you have any problems installing or using the Device, please contact us at powersavers@endeavourenergy.com.au.

14. Event days and specified times

While the specific times and dates may vary according to the Plan you choose, during the Program Term, we will only remotely access and use the Device between 11am and 8pm (Specified Time) on any particular Business Day, up to a maximum of 20 Business Days over each 12 month period during the Program Term, or such other number of days as we may determine from time to time (each, an Event Day). We may also select which days are to be the Event Days, in our discretion.

We will notify you, via the App (as applicable), email or SMS the day before an Event Day, as well as on the Event Day. When you access the Website, you can set up notifications to be provided in advance of any Event Days.

During a Specified Time:

(a) you may still use your relevant electronic device; and
(b) we will communicate with the Device and may remotely use the Device to manage the energy generation and/or consumption of your relevant electronic device.

At the end of the Specified Time, we will reset the relevant electronic device to the same setting to which it was set prior to the Specified Time. However, if, at the Specified Time, your relevant electronic device is turned off, we will not turn it on.

While you may still control your Device during a Specified Time, Endeavour Energy may offer additional incentives (of which you may be notified from time to time) to Members who do not use their electronic devices during Specified Times. This is in order to encourage proper participation in the Program and ensure that Endeavour Energy is able to operate the Program in the most impactful way.

15. Security

While we will take reasonable steps to protect the security of the transmission of data over the internet in connection with the Program (including the transmission of data to us from the Device), 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 Device uses the internet to function, and by using the Device, 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 Device.

16. 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.

17. Endeavour Energy access

You must, at all times during the Program Term, allow Endeavour Energy (or the Supplier) to have full and unrestricted access to the Device and must not do (or omit to do) anything that would impede, restrict or prevent such access.

In addition to the requirements of paragraph (e) of Section 6 of the Terms, we or the Supplier may, from time to time, require you to have certain other equipment or technology that will facilitate this access to the Device (such as smartphone applications) and will notify you of this requirement at the relevant time.

In addition, you authorise Endeavour Energy (or its third party nominee, including the Supplier), at the times contemplated under the Terms (or any other time during the Program Term, as determined by Endeavour Energy in our discretion), to control the Device.

18. Privacy and program data

You acknowledge and agree that:

(a) in connection with your participation in the Program, 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 Program, any Personal Information provided by you or collected by us in connection with the Program is freely given by you, with your consent.

Depending on the Plan you choose, the information that we may collect and store throughout your participation in the Program 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 your Device;
(d) the make, model and size of your relevant electronic device;
(e) the details of any solar panels you own;
(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 Device itself, such as status (for example, on/off and settings), room temperature and humidity; and
(i) any other information contemplated in the Schedules, in respect of the applicable Plan,

(Program Data).

We will collect and store Program Data in accordance with the Terms, the Privacy Policy and the applicable privacy legislation, and you acknowledge and agree that we may use the Program 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 Program;
(c) verifying your identity;
(d) research and analysis; and
(e) us sending you communications from time to time for administrative purposes related to the Program and direct marketing in relation to products and services offered by us, even after the Program Term.

You grant to Endeavour Energy a perpetual, irrevocable, royalty free licence to use the Program Data for any purpose, including to disclose Program 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 Program Data.

You acknowledge and agree that all Program Data (except to the extent that any Program Data is, or contains, Personal Information) is owned by us, on and from the time at which that Program 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 powersavers@endeavourenergy.com.au.

19. 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 Program:

(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.

20. Indemnity

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

(a) our inability to access the Device in accordance with these terms and conditions, where that inability is not caused by our act or omission;
(b) your breach of the Terms or any other third party terms related to your participation in the Program (including any relevant terms related to your use of the App and/or Website);
(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 Device or participation in the Program.

21. Liability

You acknowledge and agree that your participation in the Program 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 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 Program, including (without limitation):

(a) in relation to:

i) any determination that you are ineligible to participate in the Program;
ii) any decision to select you, or not to select you, to participate in the Program;
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 Device and any other equipment used in connection with the Program;
v) the loss of (by way of theft or otherwise) or damage to the Device after delivery has taken place;
vi) any claims by third parties arising from or in connection with your participation in the Program; 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 Losses; and
(c) any other Losses.

22. Withdrawal, suspension and cancellation

(a) You may cancel your participation in the Program at any time, by emailing us at powersavers@endeavourenergy.com.au.
(b) We reserve the right at any time to withdraw or cancel the Program by providing you with written notice of such withdrawal or cancellation.
(c) We may suspend or cancel your participation in the Program (and deactivate your Device), with notice to you if:

i) you breach the Terms;
ii) we are unable to communicate with or access the Device for 30 days after the date on which we provide you with a notice advising you that we are unable to communicate with or access the Device;
iii) we reasonably suspect that you have exhibited unacceptable conduct in respect of your participation in the Program, including (without limitation) any fraud, negligence, recklessness, dishonesty, or wrongful or unlawful conduct;
iv) for Devices that are not Existing Devices, we consider that you are not, or may not be, the rightful recipient of the Device;
v) you suffer bankruptcy or any other insolvency-related event;
vi) you no longer satisfy the Eligibility Criteria;
vii) the owner of the Qualifying Property dies; or
viii) you move to a new house and do not notify us.

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 Program, if Endeavour Energy exercises any of its rights under this Section.

23. End of the program term

At the end of the Program Term, or if your participation in the Program ceases in accordance with Section 22 above:

(a) we will no longer manage the energy generation and/or consumption of the relevant electronic device at the Qualifying Property in the manner described in the Terms; and
(b) for Devices that are not Existing Devices:

i) we will no longer provide, or procure the provision of, any support for the Device; and
ii) your Device will be deactivated, and if directed by Endeavour Energy, you will need to return it, at your own cost, to us at:

51 Huntingwood Drive
Huntingwood NSW 2148
Attention: Endeavour Energy PowerSavers^TM Team

If your Device has been deactivated under this clause and it was installed at your Qualifying Property by a Supplier under an Installation Contract, Endeavour Energy will arrange for the Device to be uninstalled and removed from your Qualifying Property by a Supplier at a time agreed with you.

24. Moving

If you move to a new house before the end of the Program Term, you must email us at powersavers@endeavourenergy.com.au, prior to moving. If you still meet the Eligibility Criteria, we may allow you (in our discretion), to retain the Device (if not an Existing Device) for the Smart Thermostat Plan, and continue participating in the Program at your new residence, for the remainder of the Program Term.

25. End of Program Term Fee

(a) If you participate in the Program using a Device that is not an Existing Device and:

i) your participation in the Program ceases in the circumstances identified in clauses 22(a) or 22(c) i)-iv), vi), and vii) and:

A) you do not, if required by us, return the Device in accordance with clause 23(b) ii) within a reasonable time; or
B) a Supplier has installed the Device at your Qualifying Property under an Installation Contract; or

ii) you move to a new house before the end of the Program Term and you participated in the:

A) Smart EV Charger Plan or Smart Hot Water System Plan before the move; or
B) Smart Thermostat Plan before the move and no longer meet the Eligibility Criteria for the Smart Thermostat Plan because of the move,

then, we may require you to pay a fee for your Device, to be advised by us at the relevant time (and subject to any additional terms and conditions that Endeavour Energy may impose from time to time) (End of Program Term Fee).

(b) If we require you to pay an End of Program Term Fee pursuant to clause 25(a), that End of Program Term Fee will be:

i) calculated based on the costs we have incurred in supplying the Device to you and any uninstallation costs, if applicable (which costs will be identified to you when we advise you of the End of Program Term Fee); and
ii) pro-rated to reflect the period of time between the date on which the relevant event referred to in clause 25(a) occurred and the end of the Program Term.

26. 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 Program shall survive such termination, suspension or discontinuation, including Sections 8, 18, 19, 20, 21, 25 and 26.

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.

27. Definitions

In the Terms:

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

App means any smartphone application operated by any third party that allows users to remotely control their relevant electronic device and monitor their energy generation and/or consumption, available for download from the App Store or Google Play, or such other application that we may use for the Program from time to time, in our discretion;

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

Business Day means a day that is not a Saturday, Sunday or public holiday in Sydney, New South Wales, Australia;

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 19 of the Terms;

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

Eligibility Criteria has the meaning given to that term in Section 6 of the Terms;

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

Event Day has the meaning given to that term in Section 14 of the Terms and includes any Event Day set out in the Schedules for a particular Plan;

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

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

Installation Contract has the meaning given to that term Section 12 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;

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

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

PDH Goods and Services has the meaning given to that term in Section 19 of the Terms;

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

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

Plan Term means the period of time during the Program Term during which a Plan operates, as set out in each of the Schedules;

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;

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

Program Data has the meaning given to that term in Section 18 of the Terms;

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

Qualifying Area has the meaning given to that term in Section 6(c) of the Terms;

Qualifying Property has the meaning given to that term in Section 6(b) of the Terms;

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

Specified Time has the meaning given to that term in Section 14 of the Terms and includes any Specified Time set out in the Schedules for a particular Plan;

Supplier means any third party provider of a Device from time to time;

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 16 of the Terms; and

Website means the website created by Endeavour Energy in connection with the Program, located at www.endeavourenergy.com.au/powersavers.

Schedule 1 | Smart Thermostat Plan

Schedule 2 | Smart EV Charger Plan

Schedule 3 | Smart Hot Water System Plan

Schedule 4 | Smart Solar Plan

Schedule 5 | Smart Battery Plan