Home HQ Terms and Conditions


 

1. About these Home HQ Terms and Conditions

These Terms and Conditions set out the terms on which Origin Energy Retail Limited ABN 22 078 868 425 (“we”, “us” or “our”) supplies Home HQ to you (“Agreement”).

By purchasing Home HQ or using the Home HQ App, you agree to be bound by and comply with these Terms and Conditions.

2. When this Agreement starts and ends

This Agreement commences on the Commencement Date and continues until it is terminated in accordance with its terms (“Term”). 

For further information about how this Agreement can end see clause 15.

3. Your Home HQ

Home HQ service is a connected home package that includes:

  • the Home HQ App;
  • access to the Home HQ website where you can view your videos and images captured with your Home HQ Devices;
  • 5Gb of cloud storage for videos and images captured with your Home HQ Devices (“Data Storage”);
  • the following Home HQ Devices as part of your Home HQ Starter Kit:
    • one motion sensor;
    • two entry sensors;
    • one temperature and humidity sensor;
    • one smart plug;
    • one smart light globe; and
    • a Home HQ Gateway device;
  • email support. You can contact us if you have any issue with your Home HQ by sending us an email at homehq@originenergy.com.au, and we will use best endeavours to assist you.

From time to time:

  • we may change the Home HQ Devices included in the Home HQ Starter Kit; and
  • you may acquire from us and we may supply to you additional Home HQ Devices. We will provide you the relevant Fees and features of such additional Home HQ Devices beforehand.

You may be able to use other compatible devices with your Home HQ. We can provide you with a list of compatible devices or confirm whether a specific device is compatible upon request.

 

4. Eligibility

To be eligible to use Home HQ, you must:

  • be over 18 years of age;
  • use a mobile device that has access to the internet (using 3G or 4G technology) and is compatible with the Home HQ App;
  • have downloaded and installed the Home HQ App on your compatible mobile device;
  • have a home broadband connection with a WiFi capable modem; and
  • accept these Terms and Conditions and register for Home HQ using the Home HQ App.

If you have purchased a Home HQ 360 device, you acknowledge that it is not equipped with a camera and you will need to mount an iPhone on your Home HQ 360 to enable the device’s image and video recording capabilities. As this means you will not be able to use that iPhone to use your Home HQ, you should use an old iPhone that you no longer need for that purpose.

5. How we supply Home HQ to you

We will supply Home HQ to you at Your Address during the Term and will deliver the Home HQ Devices to Your Address. Title to and risk in the Home HQ Devices passes to you when the Home HQ Devices are delivered to you.

Provided you pay us the relevant fees and charges for the Home HQ App, we grant you for the Term a non-exclusive licence to access and use the Home HQ App for your personal domestic use and in connection with your Home HQ.

6. Your obligations

You must make sure:

  • your name, Your Address and any other contact details you provide to us are up to date and accurate; and
  • you let us know if any information you’ve given us changes.

You are responsible for setting-up, installing and configuring your Home HQ (including all Home HQ Devices). We will provide you with documentation to assist you and you must follow the instructions contained in that documentation when you set-up, install and configure Home HQ at Your Address.

You must:

  • act reasonably and follow our directions in connection with our supply and your use of Home HQ;
  • provide us with information or data that we request from you from time to time for the purpose of supplying Home HQ to you;
  • not use or attempt to use the Home HQ App in connection with any device other than the Home HQ Devices; and
  • not use Home HQ other than in accordance with these Terms and Conditions.

It is your responsibility to ensure that you (and any other person using Home HQ at Your Address) use Home HQ in accordance with all applicable laws, including applicable privacy and surveillance laws.

7. Restrictions and limitations

You must not, and must not permit any third party to:

  • resupply, resell or sublicense Home HQ or any part of it; or
  • decompile, disassemble, reverse compile or otherwise reverse engineer all or any portion of Home HQ, including any source code, object code or algorithms that may form part of Home HQ.

You must not use Home HQ or permit any person to use Home HQ:

  • to intrude or encroach on the privacy of any person;
  • to engage in any fraudulent or unlawful behaviour, or to defame, menace or harass any person;
  • to gain unauthorised access to or interfere with any online resources or systems of any person, including by any form of hacking;
  • to distribute unsolicited emails to third parties, including bulk unsolicited emails;
  • in any manner that is likely to result in our systems, or that of any other person, being affected by any virus, worm, Trojan or similar computer program;
  • in a way that infringes the Intellectual Property Rights or any other rights of any person;
  • in a way that disrupts, misuses or excessively uses our hardware, bandwidth access, storage space or other resources, or that of our third party service providers or our other customers;
  • with or in connection with any data mine, scrape, crawl, email harvest or any other process that sends automated queries;
  • for the purposes of accessing, storing, distributing, providing (including to us) or otherwise transmitting any information, data, material or content that:
    • infringes the Intellectual Property Rights of any person;
    • is unlawful, misleading, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive;
    • promotes unlawful violence;
    • depicts sexually explicit images; or
    • is discriminatory or promotes discrimination based on race, gender, colour, religious belief, sexual orientation or disability; or
  • in any other manner that is otherwise unacceptable to us.

We may suspend your use of Home HQ if we or our third party service provider reasonably believe that you are in breach of this clause 7.

8. Data Storage

Once you have reached the maximum capacity of your Data Storage, you will not be able to record and store any more video or images captured by your Home HQ devices until you delete some of your other content store in your Data Storage.

It is your responsibility to monitor the status of your Data Storage. We will not monitor your Data Storage.

9. User Credentials

You will have a set of login and password (which may change from time to time) to access and use Home HQ (“User Credentials”).

You must:

  • not allow your User Credentials to be used by any third party;
  • ensure that your User Credentials are kept secure and confidential, and take all steps necessary to ensure that your User Credentials are not disclosed, provided or made available to, or otherwise accessed by, any third party; and
  • notify us as soon as practicable after you become aware that your User Credentials have been disclosed, provided or made available to, or otherwise accessed by, any third party.

You are responsible and, where applicable, liable to us for any act or omission of any person using your User Credentials.

10. Your data

We and our third party service providers may collect data and information about you and your use of Home HQ (including data and information you input or upload into the Home HQ App and information and data that is collected through your use of Home HQ).

You consent to us and our third party service providers using such information and data for the purpose of providing you with Home HQ and improving or enhancing our products or that of our third party service providers.

Neither we nor our third party service providers will access or use any video, sound or image captured by your Home HQ, other than as authorised or requested by you  or as required for the purpose of providing you with your Home HQ.

11. What you have to pay

You must pay us the Charges for your Home HQ.

Your Charges may also include one or more of the fees described below.

  • card payment fee - a fee for paying by Mastercard, Visa or another payment method where we incur a merchant services fee;
  • late payment fee – an amount to compensate us for our costs and losses if you pay your bill (or part of your bill) after the Due Date.
  • account establishment fee – a fee for setting up your account with us for the first time;
  • payment processing fee – a fee for paying your bill over the counter in person at a third party retailer or outlet or via PostBillPay; and
  • paper bill fee – a fee for receiving a bill in the mail.

If these fees apply they’ll be notified or explained to you before you incur them.

In some circumstances you must also pay us the other amounts described below:

  • any reasonable costs that we incur for arranging network and connection services for you. We’ll let you know these amounts before we arrange the services;
  • if you breach this Agreement or the Regulatory Requirements, any reasonable costs we incur as a result of that breach, except where those amounts are included in one of the Charges (such as the late payment fee);
  • any fees or additional costs we incur if your payment is dishonoured or reversed; and
  • any other amounts referred to in this Agreement.

You are liable for:

  • all costs associated with your compliance with these Terms and Conditions; and
  • the cost or charges associated with any other service or equipment you use or are required to use in connection with Home HQ.

12. Changes to the Charges

We can vary Charges for your Home HQ at any time by notice to you.  The notice of variation may be by a message on your bill.  We’ll notify you as soon as practicable, but no later than your next bill after the variation.  

If the Charges change during a Billing Period then we’ll calculate your bill for that period on a proportionate basis.  

If you do not want to continue using Home HQ after we have varied the Charges, you can terminate your Home HQ subscription without incurring any early termination fees by giving us 10 Business Days’ written notice. If you do not notify us that you do not want to continue using Home HQ, you will be deemed to have accepted and agreed to the new Charges.

13. Home HQ Devices – Repayment Plan

If we are supplying you with any Home HQ Device on a Repayment Plan, we will charge you during the applicable Repayment Term a monthly amount for that Home HQ Device. Not all Home HQ Devices are available on a Repayment Plan.

If you fail to pay two or more instalments under your Repayment Plan in relation to any Equipment, we may suspend or cancel your Home HQ service.

You can cancel your Repayment Plan at any time by notice to us before expiry of your Repayment Term for the relevant Home HQ Device, provided you pay the outstanding balance of the applicable upfront fees for the Home HQ Device associated with that Repayment Plan. 

14. Billing and payment

We’ll send your bill to the address you choose.  This can be an email address or other electronic address (such as on-line via a secure website).  If you don’t choose an address or we can’t contact you at that address (e.g. your bill is returned to us), we may send the bill to Your Address and you’ll be deemed to have received it.

You must pay each bill in full by the Due Date or make payments in accordance with your payment schedule or instalment plan.  You can pay your bill by any of the options listed on your bill. 

If you can’t pay by the Due Date or are experiencing financial hardship, let us know as soon as possible.  We have a range of payment plans that might help.  We may also be able to give you information about government support.

If you don’t pay by the Due Date (unless you’ve requested a review of the bill) we may do one or more of the following:

  • cancel your right to access and use Home HQ;
  • ask a debt collection agency to obtain the payment from you; or
  • sell the rights to the unpaid amount to a third party who may seek to collect it from you.

We may also rely on any other rights we have under this Agreement.

We may charge you interest on a late payment to cover the costs or losses we incur as a result of the late payment, but only if we don’t charge a late payment fee or we are not fully compensated for our costs and losses through the late payment fee.  

15. Intellectual Property

We (or our licensors, as applicable) retain ownership of all Intellectual Property Rights subsisting in any Material (including the Home HQ App) we provide or make available to you in connection with Home HQ or this Agreement (“Origin IP”). All modifications and enhancements to the Origin IP are also to be treated as Origin IP. If you modify or enhance any part of the Origin IP, then you assign to us all Intellectual Property Rights in those modifications or enhancements immediately from creation.

Subject to clause 5, we grant you for the Term a limited, non-exclusive and revocable licence to use the Origin IP in connection with your Home HQ and for your personal domestic use only.

16. Home HQ Warranty and Returns

In specific circumstances and subject to the  restrictions set out below, we may allow you to return Home HQ Devices:

Reason for return

Period during which you can return the Home HQ Device

What we will do if you return a Home HQ Device

Conditions

Change of mind

30 days from purchase

Full refund or product exchange

The product must:

·   be in good condition; and

·   not have been mishandled in such a way that the manufacturer’s warranty would be rendered void.*

Home HQ Device is Defective

12 months from purchase

Product exchange or refund if exchange not possible

The product must not have been mishandled in such a way that the manufacturer’s warranty would be rendered void.*

*Any unauthorised tampering, misuse, modification, or negligence in handling or use of product renders the manufacturer’s warranty void.

To return Home HQ Devices, you must:

  • email us at homehq@originenergy.com.au with the reason for return and your order number, and obtain the return shipping address information;
  • pack your return in the original shipping package, if possible; and
  • send your return via Australia Post to the address provided by our Home HQ support team.

If the product is Defective, Origin will send you a pre-paid return shipping label. For change of mind returns, you must pay the cost of shipping the returned goods.

For products not branded Home HQ:

  • please refer to the manufacturer’s warranty for that product an contact the relevant manufacturer; and
  • our support team may be able to help you get in touch with the manufacturer of those products to discuss returns and replacements.

17. Ending this Agreement

Your Home HQ service is a month-to-month service. You can end this Agreement at any time by giving us at least 10 Business Days notice, in which case this Agreement and your Home HQ service will be terminated at the end of the then current month.

We can end this Agreement at any time by giving you at least 20 Business Days notice, in which case this Agreement will be terminated on the date that is 20 Business Days from the date of the notice or the later date specified in that notice.

We can also suspend or end this Agreement by notice to you if you breach this Agreement and do not remedy that breach within 20 Business Days of being notified, in which case this Agreement will be terminated on or suspended from the date that is 20 Business Days from the date of the termination or suspension notice or the later date specified in that notice.

You acknowledge that we are using a third party supplier to provide you with Home HQ. If our agreement with our third party supplier ends or is suspended (in whole or in part) for any reason, we may suspend your Home HQ or terminate this Agreement (in whole or in part), immediately by notice to you.

 

18. What happens when this Agreement ends

If this Agreement ends, you will not be able to continue to use the full version of Home HQ but you may continue to use a ‘lite’ version of Home HQ which has limited features. 

This clause and the provisions of this Agreement about privacy, liability, notices and governing law will survive this Agreement ending.  This Agreement ending will not prejudice any rights, obligations or remedies that you or we have that accrued before the Agreement ends.

If this Agreement ends because we have decided to cease supplying the Home HQ service to our customers, we may (at our option) use best effort to ensure your Home HQ service is transferred to a third party service provider.

If this Agreement is terminated or your Home HQ service is cancelled (for any reason other than our breach of this Agreement or where we terminate this Agreement for convenience) before expiry of the Repayment Term for any Home HQ Device purchased on a Repayment Plan, the applicable Repayment Plan will be automatically terminated and you will need to pay us the outstanding balance of the applicable upfront fees for the Home HQ Device associated with that Repayment Plan.

19. Acknowledgements and warranties

We represent and warrant that:

  • our supply of Home HQ will comply with all applicable laws; and
  • the Home HQ App will perform materially in accordance with the applicable description, as provided by us or our third party service provider to you from time to time.

You acknowledge and agree that, to the extent permitted by applicable law and subject to clause 21:

  • other than the warranties set out above, Home HQ is provided to you “as is” and we make no other warranties or representations in relation to Home HQ;
  • we make no warranty that Home HQ will be accurate, free from defects, errors or faults, or that it is fit for any particular purpose;
  • your use of any third party product, content or service as part of or in connection with Home HQ may be subject to separate terms and conditions, whether imposed by us or by the relevant third party (and you must comply with such third party terms and conditions);
  • you are responsible for any data, information or other content that you upload or input into or through Home HQ, or that is collected through your use of Home HQ; and
  • the Home HQ App may be unavailable from time to time, and we make no representation or warranty in relation to the availability of the Home HQ App.

20. Our liability to you

Subject to the remainder of this clause 19, we accept our liability to you for any loss or damage that you suffer or incur and that arises from our breach of this Agreement or our negligence.

To the extent permitted by applicable law and subject to clause 21:

  • we are not liable to you for any loss, cost, expense, liability or damage arising directly or indirectly from or in connection with your use of Home HQ (including where Home HQ fails to detect any unauthorised entry in your premises);
  • we are not liable to you for any Excluded Loss; and
  • if despite the previous paragraph we are held liable to you in connection with this Agreement for any loss, cost, expense, damage or liability suffered or incurred by you, our liability will be limited to the Charges that you have paid to us in connection with Home HQ in the previous 6 months.

21. Indemnification obligations

You indemnify us against any loss or damage suffered or incurred by us arising out of or in connection with your breach of clause 7 or you are your use of Home HQ in breach of any privacy or surveillance laws.

22. Australian Consumer Law

Despite anything in this Agreement:

  • you have non-excludable rights under the Australian Consumer Law, and nothing in this Agreement excludes our liability to you under any consumer guarantee set out in Part 3-2 Division 1 of the Australian Consumer Law; and
  • for any liability that cannot lawfully be excluded (including under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law), but that can be limited, our liability is limited to our choice of re-supplying or paying the cost of re-supplying services and repairing, replacing or paying the cost of repairing or replacing goods.

23. Changing this Agreement

We can vary this Agreement where:

  • we give you 20 Business Days notice of the variation; and
  • you accept the change by not terminating the Agreement during that period.

We may also vary this Agreement by notice to you if we need to because of any change in any applicable law or regulation.

See clause 26 for details of how we’ll give you notice.

For clarity, if you do not agree to any change, then you can terminate this Agreement without incurring any early termination charges (but you have to pay for your service up to the date of termination) by giving us 10 Business Days’ notice.

24. Your privacy

We collect, use, hold and disclose your personal, credit related and confidential information (including metering data) in connection with this Agreement and Home HQ for the purposes of supplying Home HQ to you, or if we are required to do so by law.  We may disclose this information to:

  • our agents and contractors (such as mail houses, data processors and debt collectors);
  • any third party service provider we use to provide Home HQ to you; and
  • other energy retailers,

for these purposes and more broadly in connection with this Agreement. We may disclose this information to our Related Bodies Corporate for any reason.

If you don’t provide this information to us, we may not be able to provide Home HQ to you.  Where possible, we’ll collect this information from you, but we may get it from third parties (including credit reporting bodies). 

We may also disclose your information to and collect your information from, information matching providers, for example to verify the information you’ve provided to us and confirm your identity.

If you provide us with personal information about another person (such as an additional account holder), please make sure you tell them their information has been provided to us and make them aware of the matters in this privacy statement. 

Our detailed privacy and credit reporting statements are available at www.originenergy.com.au/privacy. Our credit reporting statement explains how we disclose credit information, how our disclosure may affect your creditworthiness and how to access, correct or complain about our treatment of your credit information.  Please contact us to request a paper copy.

25. Marketing

From time to time we and our Related Bodies Corporate will let you know about other products and offers, even after this Agreement ends.  If at any time you decide you don’t want to receive these offers, please let us know by sending us an email at homehq@originenergy.com.au with your name, address and a statement that you no longer wish to receive information from us about our products and offers. . We’ll keep providing you with these offers until you tell us otherwise.

26. Events beyond your or our control

In this Agreement, Force Majeure means, for an Impacted Person, any event or circumstance occurring after the Commencement Date that:

  • is not within the reasonable control of the Impacted Person, and specifically includes labour disputes, strikes, lockouts, shortages of or inability to obtain supplies (including energy and raw materials), war, terrorism, riots, acts of god or outage caused by the failure of public network communications components);
  • could not be prevented, overcome or remedied by the exercise of reasonable effort by the Impacted Person; and
  • results in the Impacted Person being unable to meet or perform its obligations under this Agreement.  

Notwithstanding the paragraph above, the failure or inability of the Impacted Person to pay any amount due and payable under this Agreement does not constitute Force Majeure. 

The Impacted Person will be excused for not meeting or performing its obligations during the time and to the extent that Force Majeure prevents it from doing so (other than an obligation to pay money).

The Impacted Person must:

  • try to remove, overcome or minimise the effects of Force Majeure as soon as it can; and
  • give the other person prompt notice, including any information required by applicable law. 

27. Notices

We’ll give you notice in writing:

  • personally;
  • by post, addressed to the address you nominate. We’ll consider that you’ve received the notice on the second Business Day after we post it;
  • by e-mail if you’ve provided us with an email address. We’ll consider that you’ve received the email the day after we send it to the email address you provided;
  • by fax if you’ve provided us with a fax address. We’ll consider you’ve received the fax when our fax machine produces a report stating the fax was sent in full;
  • by a message on your bill; or
  • by sending you an electronic message (e.g. email or SMS) letting you know that we are making a change or notifying you about something to do with your account and where you can find details of it (e.g. our website). We’ll only do this if it’s reasonable in the circumstances and not prohibited by law.

If you do not choose an address for notices or we can’t contact you at that address (e.g. the notice is returned to us), we may send the notice to Your Address and you’ll be deemed to have received it.

28. Customer service and complaints

If you have an enquiry, complaint or dispute, including in relation to your bill or any marketing activity, please contact us by email at homehq@originenergy.com.au. We’ll handle your complaint and let you know the outcome of it, in accordance with our standard complaints and dispute resolution procedures which you can find at www.originenergy.com.au. You can also ask us to send you a copy.  

29. Severability

If any part of this Agreement is unlawful, unenforceable or invalid, that part will not apply, but the rest of the Agreement will continue unchanged.

30. What laws apply

The laws of the state or territory of Your Address apply to this Agreement. You agree to submit to the non-exclusive jurisdiction of the courts in that state or territory. 

31. Entire Agreement

This Agreement constitutes the entire agreement between you and us about its subject matter and supersedes any previous understanding, agreement, representation or warranty relating to its subject matter.

32. Assignment or novation

You may not assign, transfer or novate this Agreement without our consent. 

Subject to applicable law, you agree we may:

  • assign, transfer or novate this Agreement; and/or
  • transfer you as a customer,

to any third party, any of our Related Bodies Corporate or as part of the transfer of a substantial number of our customers to a third party.  You’ll be notified of any assignment, transfer or novation.

33. Meaning of terms in this Agreement

Agreement means has the meaning given in clause 1 of these Terms and Conditions. 

Billing Period means any period for which a bill is or may be issued.

Business Day means a day that is not a Saturday, Sunday or public holiday in the capital city of the State or Territory of Your Address.

Charges means the applicable fees and charges for your Home HQ (including any additional Home HQ Device you order from us from time to time),  and all charges and fees otherwise described or set out in this Agreement.

Commencement Date means the date on which  you purchase Home HQ from us.

Data Storage has the meaning given to it in clause 3.

Defect means any issue or fault that makes any material function or feature of a Home HQ Device unavailable. Defective has the corresponding meaning.

Due Date means the date you must pay your bill by which is set out on the bill or such other date as we agree with you.

Excluded Loss means:

  • loss of profit, revenue or anticipated savings;
  • loss or denial of opportunity;
  • loss of access to markets;
  • damage to credit rating or goodwill;
  • financing costs;
  • loss of use;
  • loss or corruption of data;
  • special, incidental or punitive damages; or
  • any loss or damage arising from special circumstances that are outside the ordinary course of things,

however arising in respect of any circumstances under or in relation to this Agreement, and regardless of the basis on which a claim for same is made (including negligence).

Force Majeure has the meaning given in clause 25. 

Home HQ means the Home HQ service and all its components, as contemplated in clause 3.

Home HQ App means the iOS (or other mobile operating system we notify to you from time to time) Home HQ mobile app, which connects to a platform hosted by us or our third party service provider and allows you to:

  • manage your Home HQ devices and the images and videos captured with your Home HQ devices; and
  • store and manage videos and images captured by your Home HQ devices in your Data Storage.

A reference to the “Home HQ App” in this Agreement includes the platform to which the Home HQ App connects and your Data Storage.

Home HQ Devices means the devices included in Home HQ as contemplated in clause 3, and any other Home HQ device you acquire from us from time to time.

Impacted Person means us or you (as the case may be), where we or you are prevented from performing an obligation under this Agreement by Force Majeure.

Intellectual Property Rights means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, moral rights, patent, trade mark, design, trade secret, knowhow, right in relation to semiconductors and circuit layouts, trade or business or company name, or right of registration of such rights.

Material includes software, source code, object code, test cases, documents, equipment, reports, technical information, customer lists, studies, plans, charts, drawings, calculations, tables, schedules and data stored by any means.

Origin IP has the meaning given to it in clause 14.

Related Bodies Corporate has the meaning given in the Corporations Act 2001 (Cth).

Repayment Plan means a repayment plan under which you pay off the upfront or total charges or fees for the relevant Home HQ Device through monthly instalments during a Repayment Term.

Repayment Term means the 12-month or 24-month term for a Repayment Plan, as agreed between you and us.

Terms and Conditions means the terms and conditions in this document.

Term has the meaning given to it in clause 2.

User Credentials has the meaning given to it in clause 8.

Your Address means the address you provide to us in connection with Home HQ, as updated by you from time to time.

34. Interpretation

Unless otherwise stated:

  • a reference to this document or another instrument includes any variation or replacement of any of them;
  • the singular includes the plural and vice versa;
  • a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
  • a person includes any type of entity or body or persons, whether or not it’s incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person;
  • the words “include” or “including” and any variation of those words must be read as if followed by the words “without limitation” and so, if an example is given of anything, the scope is not limited to the example; and
  • headings are for convenience only and do not affect the interpretation of this Agreement.