Horizon Power app - Terms and Conditions of Use

1.1 By downloading and using the Horizon Power App, you agree to be bound by these Terms and Conditions and our Privacy Policy in respect of your access to and use of the Horizon Power App.

1.2 We will manage any personal information that we obtain from you when you download and use the Horizon Power App consistently with our Privacy Policy and applicable privacy laws.

1.3 By downloading and using the Horizon Power App, you consent to us collecting, holding, storing, using and disclosing your personal information in accordance with our Privacy Policy.

1.4 Additionally, you agree that we are authorised to collect and use all and information and data relating to your download and/or use of the Horizon Power App for any purpose specifically relating to the security or operation of the Horizon Power App including but not limited to investigating and resolving any technical issues relating to the Horizon Power App.

2.1 We are the developers and owners of the Horizon Power App. We own the copyright and other intellectual property rights in the Horizon Power App and in the text, graphics, information, designs, data and other content in the Horizon Power App. 

2.2 We grant you a non-exclusive, non-transferable, revocable license to use the Horizon Power App for your own non-commercial or personal use on your Mobile Device in accordance with these Terms and Conditions and subject to any rules or policies applied by any Mobile App Store. The license does not transfer any rights in the Horizon Power App to you. 

2.3 You may browse or display the content in the Horizon Power App for your own non-commercial or personal use, but you must not otherwise use, copy or reproduce any part of the Horizon Power App for any other purpose.

3.1 In order to download, and subsequently use and access the Horizon Power App, you will need to have a Mobile Device running either iOS/Android current version minus two.

3.2 We reserve the right to update the Horizon Power App and/or any Features from time to time. Depending on the update, you may not be able to use the Horizon Power App until you have updated your Mobile Device and/or downloaded the latest version of the Horizon Power App (as applicable).            

4.1 The Horizon Power App is available for download from the Mobile App Store.

4.2 In order to download and access the Horizon Power App on your Mobile Device, your Mobile Device will need to have an active internet or wi-fi connection.

4.3 You may incur charges from your internet or mobile service provider for downloading and using the Horizon Power App. You are responsible for payment of any charges owed to your internet or mobile service provider as a result of your data usage in connection with the Horizon Power App, including any roaming charges.

5.1 Subject to and in accordance with our Privacy Policy, we may send you push notifications relating to the operation of the Horizon Power App or your use of it. For example, we may send you push notifications when new versions or upgrades of the Horizon Power App are available.

5.2 In some instances, push notifications may not reach your Mobile Device due to the requirements or limitations of the communications network or system outages or due to factors beyond our control, such as your internet connection. We are not responsible for any loss or damage, whether direct or indirect, that you suffer as a result of not receiving the push notifications.

6.1 The Horizon Power App supports a number of Features, such as My Account, MyPower and the Pre-payment Meter Recharge Function.

6.2 You will need to install those Features in the Horizon Power App in order to access those Features on the Horizon Power App.   

6.3 When you install a Feature in the Horizon Power App, we may require you to:

(a) accept Feature specific terms and conditions for that Feature; and

(b) select a unique user identification, password and/or PIN, which we will use to identify you when you transact business with us via that Feature.

6.4 If you are required to accept Feature specific terms and conditions, then these Terms and Conditions continue to apply to your use of the Horizon Power App, except to the extent of any inconsistency between these Terms and Conditions and the Feature specific terms and conditions.

6.5 If you are required to select a unique user identification, password and/or PIN, you must keep that identification, password and/or PIN confidential and keep your Mobile Device safe and secure.

6.6 If you access and use a Feature:

(a) you must ensure that all information provided by you in relation to your use of the Feature is accurate, complete and not misleading;

(b) you agree that we are authorised by you to act and rely upon all instructions you give via the Feature, subject to our Privacy Policy;

(c) you must promptly notify us as soon as you become aware of any errors in your energy account or bank account records, transactions that you did not authorize or you think may have been made by someone else that relate to the Horizon Power App or a Feature. You must notify us as soon as possible (on (08) 1800 267 926) if you become aware of unauthorised access to or use of your username, password and/or PIN or the loss or theft of your Mobile Device, or if you suspect that the Horizon Power App has been accessed without your authorisation.   

6.7 The Horizon Power App and Features use analytic services of Apple and Google to store and report usage information.  This usage information is used to improve the Horizon Power App and Features user experience.

7.1 The Horizon Power App makes use of location data sent from your Mobile Device. You can turn off this functionality at any time by turning off the location settings for the Horizon Power App on your Mobile Device.  However, if you turn off the functionality we may not be able to provide you with all of the services available via the Horizon Power App or any of the Features.    

7.2 If location settings are activated on your Mobile Device, you agree that we may use your location data including to send you information relevant to your location, for example in relation to local outages.

8.1 We use all reasonable endeavors to ensure that the Horizon Power App is available to you at all times and that the information provided on the Horizon Power App is current and correct at the time it is made available for download. However, subject to clauses 4 to 8.7, we make no representations, guarantees or warranties in relation to the availability, reliability, accuracy or currency of the Horizon Power App or the content in the Horizon Power App (including the Features).  The Horizon Power App is provided on an "as is" basis. 

8.2 Subject to clauses 4 to 8.7, we will not be liable to you for or in connection with:

(a) the failure of the Horizon Power App to perform in whole or in part any function which we have specified it will or may perform, or to perform that function in whole or in part to any particular level or standard (including as a result of you not updating your Mobile Device or installing the latest version of the Horizon Power App);

(b) the unavailability of the Horizon Power App to you in whole or in part because of the failure of the communication network or any circumstance beyond our reasonable control;

(c) Horizon Power App being outdated or inaccurate;

(d) Any unintended effects on the operation of your Mobile Device.

8.3 Subject to clauses 4 to 8.7, we do not represent, guarantee or warrant that the Horizon Power App and Features and any other information and data contained therein is free from viruses or any other defect or error which may affect your Mobile Device or the software on your Mobile Device. You should protect your Mobile Device and software by installing and implementing your own security checks and systems.

8.4 If you are a Consumer, we may be taken to have given you certain consumer guarantees under the Australian Consumer Law ('Consumer Guarantees') about the supply of goods or services to you. If we fail to comply with any of those Consumer Guarantees, then you may have statutory rights against us under the Australian Consumer Law that we are prohibited by law from excluding, restricting or modifying.

8.5 Nothing in these Terms and Conditions is to be taken to exclude, restrict or modify:

(a) any rights of recovery to or compensation you may have under the Australian Consumer Law;

(b) any other rights of recovery to or compensation you may have under law, including, for example, under the Code of Conduct, our Customer Charter or under our Standard Form Contract;

(c) any other conditions, warranty or guarantee (including the application of any Consumer Guarantee under the Australian Consumer Law),

to the extent that we are prohibited by law from excluding, restricting or modifying them.

8.6 All other conditions, warranties and guarantees in relation to any matter (including any rights of recovery or to compensation), whether or not implied by law, are, to the maximum extent permitted by law, excluded. This exclusion applies whether or not you are a Consumer.

8.7 Where any goods or services supplied under this contract are not goods or services of a kind ordinarily purchased for personal, domestic or household use, our liability for breach of any Consumer Guarantee applicable to our supply of goods or services under the Australian Consumer Law, to the extent that it is permitted by law, is limited to any one of the following determined by us:

(a) in the case of goods:

(i) the replacement or repair of the goods or the supply of equivalent goods; or

(ii) the payment of the cost of replacing or repairing the goods or of acquiring equivalent goods; and

(b) in the case of services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

9.1 You agree to only use the Horizon Power App in accordance with these Terms and Conditions.

9.2 Without limitation, you must not:

(a) copy, transmit, distribute, reproduce, license or sell any part or whole of the Horizon Power App to anyone else;

(b) use the Horizon Power App in any unlawful manner or for any unlawful purpose;

(c) tamper with, corrupt, or circumvent, alter or modify the Horizon Power App;

(d) permit the introduction of any virus or malware into the Horizon Power App;

(e) use the Horizon Power App to infringe our intellectual property rights.

10.1 We may amend these Terms and Conditions or the Horizon Power App, in whole or in part, at any time. If we do, we will give you at least 14 days' notice of the change through the Horizon Power App or our Website or by email. 

10.2 If you do not agree to the amendments, you should cease to use the Horizon Power App and delete it from your Mobile Device. By continuing to access or use the Horizon Power App after amendments become effective, you agree to be bound by the revised Terms and Conditions.

10.3 Our obligation to give you advance notice does not apply if amendments are required in an emergency to restore or maintain the security of the Horizon Power App, any user data or our data.

11.1 If you breach any of these Terms and Conditions, we may impose limits on certain Features or restrict your access to all or part of the Horizon Power App without having to give you notice.

12.1 We may terminate this agreement and cease providing the Horizon Power App by giving you [5] days' notice. Our obligation to give you advance notice does not apply if termination is required in an emergency to restore or maintain the security of the Horizon Power App, any user data or Horizon Power data.

12.2 You may also terminate this agreement by deleting the Horizon Power App from your Mobile Device.

13.1 The Website Terms of Use, including the Website Disclaimer, apply to your use of, and access to, the Horizon Power App to the extent that you access the Website through the Horizon Power App.

14.1 The law of Western Australia governs these terms and conditions and your use of the Horizon Power App, and you and we subject to the non-exclusive jurisdiction of the Courts of Western Australia and the Federal Court of Australia in relation to any dispute arising out of these terms and conditions.

15.1 In these Terms and Conditions:

"Mobile App Store" refers to the App Store or Google play.

"Australian Consumer Law" means the Australian Consumer Law which is schedule 2 to the Competition and Consumer Act 2010 (Cth) as in force as a law of the Commonwealth under that Act, and as in force as a law of Western Australia under the Fair Trading Act 2010 (WA). 

"Code of Conduct" means the Code of Conduct for the Supply of Electricity to Small Use Customers 2016.

"Consumer" has the same meaning as in the Australian Consumer Law.

"Customer Charter" means the document of that name published by Horizon Power on our Website from time to time.

"Horizon Power App" means the software developed and approved by us (including any and all Features installed on the Horizon Power App) and downloaded directly to your Mobile Device from the Mobile App Store that is appropriate to your Mobile Device, and includes all modifications, enhancements or updates to the software.

"Features" means the features available for installing in the Horizon Power App, including My Account.

"Mobile Device" means the iOS and Android smartphone device onto which you download, install and access the Horizon Power App. 

"MyAccount" means the Feature of that name offered by Horizon Power from time to time.

"MyPower" means the Feature of that name offered by Horizon Power from time to time.

"we", "our" or "us" means the Regional Power Corporation trading as Horizon Power ABN 57 955 011 697.

"PIN" means personal identification number.

"Pre-payment Customer" has the meaning given to that term in the Code of Conduct.

"Pre-payment Meter" has the meaning given to that term in the Code of Conduct.

"Pre-payment Meter Recharge Function" means the Function by means of which a Pre-payment Meter Customer can purchase credit for a Pre-payment Meter and access certain account information.

"Privacy Policy" means our published privacy policy as amended or replaced from time to time, which includes the steps taken by us to maintain customer confidentiality, the current version of which is available on the Website https://horizonpower.com.au/privacy-policy

"Standard Form Contract" means our contract of that name approved by the Economic Regulation Authority under the Electricity Industry Act 2004 (WA) from time to time.

"Website" means our internet website located at http://www.horizonpower.com.au/, as altered or replaced from time to time.

"Website Disclaimer" means our published disclaimer for use of the Website, as amended or replaced from time to time, the current version of which is available by clicking the 'Disclaimer' link on the Website Terms of Use.

"Website Terms of Use" means our published terms and conditions for use of the Website, as amended or replaced from time to time, a copy of which can be obtained from our Website. 

"you" or "your" means the person who accepts these Terms and Conditions. 

Headings used in these Terms and Conditions are not representations and do not form part of this agreement.

"Apple", "App Store" and "iPhone" are registered trademarks of Apple Inc., registered in the US and other countries.  "Google play" and "Android" are registered trademarks of Google Inc.