Terms And Conditions

Definitions

• The Service is made available to you by methods including a website and a mobile application (Application).

• Auto Order is an optional service within the overall GasOwl Service and operates under your control through settings that are available to you within the Application.

• Data refers to direct measurements and derived information that is transmitted, stored or processed over the GasOwl network.

• Subscription is a fee for use of the GasOwl Service.

Online Service

• You may use the GasOwl Service with your physical GasOwl product. To use the Service you may access the GasOwl website or download the GasOwl app from either the App Store® (for Apple® devices) or the Google Play Store (for Android™ mobile devices).

• Features supplied include presentation of Data to inform you and optionally to enable Auto Order.

• You may receive notifications about your energy use, bottled gas remaining and events including such events as bottle changes. Notifications activity and method of delivery are under your control as user.

Payment for the Service

• GasOwl charges a fee for use of the Service and the Subscription is renewed automatically unless cancelled by the User. The Subscription is sold for the advertised prices at the time of your purchase.

• Use of the Auto Order feature may incur additional charges for supply of bottled gas for the User from your gas supplier.

• If you do not pay an applicable Subscription in full by the due date we may suspend your use of the GasOwl Service and/or terminate this agreement.

• You will be liable for any costs incurred in collecting overdue money owing to GasOwl by you (including bank fees, credit agency fees and legal and court costs) or in exercising GasOwl’s other legal rights as a result of a breach of this agreement by you.

Ceasing or cancelling the service

• If you decide to stop or cancel the Service as a result of GasOwl’s breach of this agreement; or GasOwl decides to stop or cancel the supply of the physical product to you in case such a supply is relevant in your use of the Service, then this agreement will automatically be terminated.

• In addition, you may decide to stop or cancel the Service by electing to cease to use the Service in which case the agreement will automatically be terminated at the end of the current relevant Subscription period.

• Termination

  • You may terminate this agreement at any time by giving at least 10 business days’ written notice to GasOwl.

  • GasOwl may terminate this agreement at any time by giving at least 10 business days’ written notice to you.

License to use

• All Intellectual Property in the GasOwl Service belongs to GasOwl.

• The GasOwl physical product is owned or rented by you as User and the costs related to the physical product are not part of the Subscription.

• The GasOwl physical product may only be used on the GasOwl network.

• By use of GasOwl Service the User agrees to not conduct an illegal activity, harassment, or impersonation that would interfere with the Service or others using the Service.

GasOwl will make use of the Data

• GasOwl may ask you to provide it with some personal information which GasOwl may use for a number of purposes, including delivery, Installation, confirming your identity, credit checks, debt collection. In addition, GasOwl will collect information transmitted by the physical product at your place/s of installation.

• You authorize GasOwl to:

  • Contact and/or provide information to third parties in order to confirm your identity;

  • Provide your personal information to the Installer for the purpose of carrying out the Installation where such installation of the physical product is requested by you;

  • Request information from other relevant third parties, as required under GasOwl’s standard credit criteria;

  • Analyse and collate the data collected from the physical product for the purpose of providing the Online Service and GasOwl’s services to you;

  • Use non-identifiable data collected via the physical product for the purpose of aggregation and sharing of anonymised data with customers using the Online Service

• Any personal information you provide or is lawfully received by GasOwl from third parties is strictly confidential and will be kept secure and held in accordance with our Privacy Policy (available at xxx) and the Privacy Act 1993. Your privacy matters to us. You can learn how we handle your information when you use our Service by reading the Privacy Policy. We encourage you to read the Privacy Policy because by using the Service, you agree that GasOwl can collect, use, and share your information consistent with that policy.

• If Auto Order feature is enabled GasOwl may share your information provided to your nominated LPG gas supplier. You may turn off auto-order at any time. GasOwl maintains logs of all times your information has been shared for the purpose of Auto Order

• GasOwl may provide Data to third parties specifically for the supply of services to you as User including for the delivery of gas bottles.

Installation of the GasOwl Physical Product

• Installation must be performed by an approved, registered gas fitter. An approved gas fitter will have progressed through a GasOwl training course on the correct installation and safety procedures of the product.

Liability

• You have rights and protections under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 that are not affected by GasOwl’s limitations of liability contained in this agreement.

• Except as provided in clause 9.1, GasOwl will not be liable to you (in contract, tort (including negligence) or otherwise) for any loss or damage you may suffer.

• GasOwl’s limitations of liability extend to its contractors for the purposes of the Contracts (Privity) Act 1982.

• GasOwl is not liable for any failure to perform or for any delay in performing its obligations under this agreement if that failure or delay is due to an event which is beyond its control and which prevents GasOwl from doing the things it would normally do. GasOwl will perform its obligations under this agreement as soon as it is reasonably practicable to do so.

• An event or cause beyond our control includes, but is not limited to: war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, earthquake, fire, lightning, storm, flood or other similar event, traffic accidents, problems arising because of health and safety hazards at the Property, and other things which GasOwl does not have control over.

• GasOwl uses reasonable endeavours at all times to produce, transmit and work with data that is accurate.

• GasOwl physical product elements are covered by a certificate of conformity for Ex Equipment provided under the Australian/New Zealand Certification Scheme for Explosion Protected Equipment. Relevant GasOwl physical product carries the explosion protection marking ‘Ex is IIA T6 Gc’ and complies with the relevant IEC 60079-0,11 standards.

Auto Order

• The Auto Order feature enables automated delivery of LPG gas bottles from available gas suppliers. Gas suppliers may vary by region and country.

• Auto Order is a GasOwl Premium feature and is available to users with an active GasOwl Premium subscription.

• As the User you control the Auto Order feature. Auto Order may be enabled and disabled at any time via the GasOwl mobile application.

• When Auto Order feature is enabled, the GasOwl Service sends orders on behalf of the User and makes use of the Account details supplied by the User for the purpose of automating bottled gas orders. The Service notifies the User whenever an order is placed on their behalf. The Service maintains and makes available to the User a log of orders sent on their behalf.

• GasOwl is not liable for additional charges raised by your gas supplier, incurred by making use of the Auto Order feature.

• By use of the Auto Order feature you acknowledges that you are the legal account holder for the information provided to the selected gas supplier in the Auto Order settings.

Right to Update or Modify Terms

• GasOwl maintains the right to update or modify these terms at any time without notice. GasOwl will maintain an up-to-date version on their website. By use of the GasOwl Service you agree with the latest version of these terms and conditions.