Terms and Condistions
Powston Energy Management Agreement
Version 1.1 - Issued 24/07/2024
1. What's This About?
- This agreement is between you and Powston (Bliss.AI Pty Ltd ABN 13 608 391 288 of Paddington QLD Australia) for smart energy services.
- It's not about your electricity supply - that's a separate deal with someone else.
- It starts when you say "yes" or start using our service.
2. What Powston Will Do:
- Make your smart device (like inverter, battery storage, EV chargers) work better with electricity prices as published by the Australian Energy Market Operator.
- Try to lower your energy purchase costs and get you more money for energy you send back to the grid.
- Let you use our app to control your smart devices and see how you're saving.
- Let you use our software for this service.
3. What You Need to Do:
- Let Powston and our partners control your smart device from afar.
- Keep your device online most of the time.
- Don't use other similar services for the same device.
4. Money Matters:
- We charge you for this service, but tell you first.
- We can email you bills, and you'll have a week to pay.
- We prefer subscription billing – that is where you authorize us to take the money from your bank or card automatically.
5. Our Stuff, Our Rules:
- We own all the clever bits of our software, hardware and service (Intellectual Property)
- You can't change our software or share it with others. Don’t try to reverse engineer it, or steal our ideas.
- If you create your own configuration rules within our platform, you agree to share those with us. We encourage you to share those to help others save more money.
6. Your Information:
- We'll collect and use info about your energy use to make the service better.
- We might share general, unnamed data with others.
- We'll follow privacy laws when handling your info.
7. Ending the Service:
- You can stop anytime with two weeks' notice.
- We can stop the service if you break the rules or don't pay.
- We can stop the service anytime with two weeks’ notice.
8. If Things Go Wrong:
- If we mess up, we'll either give your money back or try again.
- Neither of us is responsible for indirect problems this might cause.
9. Changes:
- We might change these rules, but we'll let you know.
- You can't pass this agreement to someone else without asking us first.
10. Legal Stuff:
- We are in Queensland, Australia.
- The laws in Queensland, Australia are the ones that matter for this agreement.
11. Definitions:
- smart energy services - this is about making informed decisions and controlling physical devices to import energy from a grid, export energy to a grid, curtail energy generation, store energy, reduce or increase energy consumption.
- electricity supply - this is the company who sells you energy
- smart devices - these are devices that are internet connected and capable of being integrated to Powston.
12. Contact Information:
- Contact us: [email protected] or 32 Kennedy Tce, Paddington QLD, Australia 4064
13. Service Availability and Maintenance:
- Our platform is internet dependant and as such may from time to time become unavailable due to factors beyond our control. In the unlikely event this occurs we will email you to advise of any issue and expected resolution times and actions to perform in the interim.
- Generally maintenance will be scheduled at our discretion, and will be done in a way so as to avoid interruption to general use/
- Should a maintenance outage be required, we will email you to advise you.
14. User Responsibilities:
- You will be responsible for connecting your smart devices to your wifi network and allowing our devices to access the internet via standard protocols.
- If you change your local network, including your wireless network details, you may need to reconnect your smart devices.
- Updates will generally be performed at our discretion automatically. If we require you to take any action we will write to you, please take the recommended actions as swiftly as possible and clarify any questions or concerns you may have.
15. Limitations of Liability:
- Powston is not liable for service failures, in the event that anything happens beyond our control, examples include but are not limited to: your inverter/battery manufacturer issues firmware updates, you change the hardware on your premises, you change the configuration of the devices in your premises, you change your wifi connection details, your internet access at home is unavailable, our dongle has no access or impeded access to the internet, grid failures.
- Powston has worked in good faith with manufacturers to integrate to their hardware, we follow their advice and recommendations. We are not liable for any failure of your hardware.
- You are responsible for paying your energy bills with your energy retailer. You are responsible for the energy consumed, and for any energy usage, distribution, connection fees and any other charges you may incur.
- Powston is not liable for indirect damages.
16. Dispute Resolution:
- Outline the process for resolving disputes, including steps for internal resolution and the option for mediation or arbitration.
17. Governing Law:
- The governing law and jurisdiction for any legal disputes is Queensland, Australia.
18. Amendment Clause:
- We might amend these terms from time to time, if we do, we will email you to let you know.
- If you aren’t happy with our updates, please write to us and tell us why.
- If we can’t resolve issues you have with our changed terms, please cancel your service with us, without penalty.
Normal consumer protections apply and we are a CEC New Technology provider and follow their rules to ensure a fair outcome.