“Platform” means the online platform accessed by you from the Website;
“Myia” a virtual intelligent agent that communicates with you via the Platform;
“Services” means the services provided by us to you via the Platform.
3.1 Once you have registered for the Services, we provide you with Myia. Myia is a virtual intelligent agent that works with you to make your life easier.
3.2 You provide us with the details which Myia requests from you.
3.3 We then provide those details to third parties for the purpose of obtaining the best energy plan for you.
3.4 Through Myia, we provide you with alternative energy plans.
3.5 If you wish, we will then assist you in switching to an alternative energy plan.
3.6 The contractual relationship by which you receive and pay for energy will be between you and the energy retailer.
3.8 You do not need to pay us for using the Services. We are paid by the energy providers who you decide to sign up with.
3.12 You shall not copy, republish, frame, link to, download, transmit, modify, adapt, rent, lease, loan, sell, assign, distribute, license or sublicense the Platform or any of the Content. No copyright and/or other intellectual property notices or watermarks on any Content shall be deleted or modified.
3.13 You shall not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform except to the extent allowed by law.
4.1 While MyWave endeavours to ensure that the Platform and the Services are normally available 24 hours a day, MyWave shall not be liable if for any reason they are unavailable at any time or for any period.
4.2 Access to the Platform and the Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond MyWave's control.
4.3 When you register with us and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your account, you must notify us and you should change your password immediately. You are solely responsible for all activities that occur under your password and/or account. You shall not permit anyone else to use your account.
4.4 You shall not use the Platform or the Services if you are under the age of 16.
(a) use the Platform and/or Services in any unlawful or technically harmful manner;
(b) misuse the Platform and/or Services (including, without limitation, by hacking or inserting malicious code);
(c) resell the Platform and/or Services;
(d) infringe our or any third party’s intellectual property rights in your use of the Platform, Services and/or its Content;
(e) frame or use any framing techniques to enclose the Platform or any part of it;
(f) take any action that in our sole discretion places an unreasonable or disproportionately large load on servers or other infrastructure used by us; or
(g) use the Platform and/or Services in any way which may cause, or be likely to cause, access to or use of the Platform and/or Services to be interrupted, damaged or impaired in any way.
7.1 The recipient of any Confidential Information will not disclose that Confidential Information, except to Group Companies, employees and/or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities: (a) use such Confidential Information only to exercise rights and fulfil obligations under this Agreement, and (b) keep such Confidential Information confidential. The recipient may also disclose Confidential Information when required by law after giving reasonable notice to the discloser, such notice to be sufficient to give the discloser the opportunity to seek confidential treatment, a protective order or similar remedies or relief prior to disclosure.
8.1 Links to any third party apps and websites on the Platform are provided solely for your convenience. MyWave has not reviewed all of these third party apps and websites and does not control and is not responsible for these apps/websites or their content or availability. MyWave does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party apps/websites linked to the App, you do so entirely at your own risk.
9.1 While MyWave endeavours to ensure that the Content is correct, MyWave does not warrant the accuracy and completeness of the Content. MyWave may make changes to the Content at any time without notice. The Content may be out of date and MyWave makes no commitment to update such material.
10.1 You shall indemnify MyWave against any loss, damages, costs or expenses which are awarded against or incurred by MyWave as a result of any claim or threatened claim (including any claim or threatened claim by a third party) arising out of or related to:
(b) your misuse of the Platform and/or the Services;
(c) your infringement of intellectual property rights; and/or
(d) your failure to provide accurate, up to date information.
(a) death or personal injury resulting from the negligence of the other or their servants, agents or employees; or
(b) fraud or fraudulent misrepresentation.
(a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);
(b) any loss of goodwill or reputation; or
(b) if you breach any of clauses 3.12, 3.13 or 7.
12.3 On termination for any reason:
13.1 To contact us in writing send your communication to us by e-mail to MyWave at contact-us@myWave.me.