Origin Spike
These terms and conditions (“Terms”) explain what you will need to know about the terms and conditions of taking part in Origin’s Spike program (the “Program”). Please read them carefully as they cover your use of and access to the Program. By signing up to the Program you agree to be bound by and abide by these Terms.
1. Meaning of terms used and interpretation
1.1 Definitions
Agreement means your agreement with Origin for the supply of electricity.
Average Energy Consumption means:
for each SpikeHour that occurs on a weekday, your average energy consumption based on the energy consumed by you during the last 10 weekdays at the same time as the weekday SpikeHour; and
for each SpikeHour that occurs on a weekend, your average energy consumption based on energy consumed by you during the last 4 weekend days at the same time as the weekend SpikeHour.
Your Average Energy Consumption will be calculated from the data we receive from your Digital Meter.
Digital Meter means a meter which records electricity consumption at pre-determined intervals, has two-way communication capability and can be read remotely.
Energy Happy Hour has the meaning set out in the Energy Happy Hour Terms and is earnt when you use less energy during a SpikeHour than your Average Energy Consumption.
Energy Happy Hour Terms means the terms and conditions explaining what customers can earn or receive, and how customers can redeem and use, an Energy Happy Hour. These terms can be accessed at Energy Happy Hours terms.
Life Support Equipment has the meaning provided to it in the Regulatory Requirements.
Origin Company means us and any of our Related Bodies Corporate.
Program means Origin’s Spike program.
Qualifying Activity means participating in the Program by opting-in to a SpikeHour event.
Related Bodies Corporate has the meaning given in the Corporations Act 2001 (Cth).
Related Company means any company:
a. which is an Origin Company;
b. in which an Origin Company has an interest, such as a joint venture; or
c. with whom an Origin Company has a commercial relationship.
SpikeHour will usually be an hourly period but we have absolute discretion to vary the duration of each SpikeHour at any time.
1.2 Interpretation
a. All capitalised terms which are defined in the Agreement will have the same meaning if used in these Terms unless expressly provided to the contrary.
b. All references to ‘us,’ ‘we,’ and ‘our’ means Origin Future Energy Pty Limited (ABN 60 616 201 417).
2. Eligibility
2.1 To be eligible to participate in the Program:
a. Origin must be and remain your electricity retailer at your Supply Address;
b. the electricity account for your Supply Address must be in your name and you must be the owner or a lawful tenant at the Supply Address;
c. you must have a MyAccount account with Origin;
d. you must create a user account for the Program through www.originenergy.com.au;
e. you must have a Digital Meter at the Supply Address which is capable of recording energy usage in kwh to three decimal values;
f. you must be able to reduce your energy consumption during a SpikeHour; and
g. you must be a residential customer.
2.2 Despite clause 2.1, you will not be eligible to participate in the Program if:
a. you or any other occupant at the Supply Address have a requirement for Life Support Equipment at the Supply Address; or
b. you or any other occupant at the Supply Address have any medical conditions which could be adversely impacted by your participation in the Program or a SpikeHour.
2.3 You must tell us if your medical condition, or the medical condition of any other occupant at the Supply Address, changes after you sign up to the Program, which may change your eligibility to participate in the Program.
3. SpikeHours
3.1 From time to time we will identify certain times to hold a SpikeHour. We’ll send you an SMS, push notification and/or email outlining when this SpikeHour will take place. We will not provide these communications to you other than via SMS, push notifications or email and it is your responsibility to ensure that you are capable of receiving communications via SMS, push notifications or email.
3.2 You must opt in to let us know that you would like to participate in the next SpikeHour. You will be sent a link to participate through an email, push notification or SMS.
3.3 You are responsible for the health and safety of all occupants (including yourself) at the Supply Address during each SpikeHour. This includes fully assessing whether it is necessary and/or appropriate to participate in a SpikeHour and not participating if there is any risk to the health or safety of any occupant at the Supply Address.
3.4 We reserve the right not to notify you of a SpikeHour if we have reasonable grounds to suspect that you have engaged in any conduct calculated to undermine the fair and proper conduct, or purpose of a SpikeHour or the Program.
3.5 You have absolute discretion in whether you choose to opt in and participate in a SpikeHour , and by how much you reduce your energy consumption during a SpikeHour. If you choose not to participate, you can ignore the SMS or email asking you to participate in the next SpikeHour. We will invite you to join the next SpikeHour when it happens.
3.6 In the event that your Digital Meter data for the period covering the SpikeHour is not provided to us you will be deemed not to have participated in the SpikeHour.
4. Energy Happy Hours
4.1 If you use less energy than your Average Energy Consumption during that SpikeHour, you will earn Energy Happy Hours.
The number of Energy Happy Hours earned for each SpikeHour will be communicated to you before each SpikeHour.
4.2 An Energy Happy Hour is one hour of up to 35 kWh free electricity at a time selected by you, subject to the restrictions in the Energy Happy Hours terms and conditions.
4.3 We will calculate your electricity use during your selected Energy Happy Hour and credit your account an amount equal to the usage charges for that electricity. The full terms and conditions for each Energy Happy Hour are in the Energy Happy Hour Terms.
5. Updates to the Program
5.1 Over time, the features and functions of the Program may need to change as the Program evolves , such as to ensure the safe and proper operation of the Program. You agree that we may update, modify, or discontinue any features or functions within the Program (and can do so remotely), at any time, in our sole discretion, and without notifying you.
5.2 We may make new features and functions available to a small subset of select users to test the functionality of a new feature, without offering those features and/or function to all Spike participants.
6. Termination
6.1 You may withdraw from the Program at any time in your sole discretion by terminating these Terms via your MyAccount.
6.2 We may terminate these Terms and your participation in the Program by written notice to you if:
a. you do not meet the eligibility criteria set out in clause 2.1;
b. you are in breach of these Terms;
c. we have reasonable grounds to suspect that you have engaged in any conduct calculated to undermine the fair and proper conduct, or purpose of, the Program; or
d. your Agreement ends.
6.3 We may also end the Program and terminate these Terms at any time by providing you with 21 days’ notice in writing.
6.4 If these Terms are terminated under clauses 6.1, 6.2 or 6.3, then:
a. we will deactivate your Spike account within 7 days and we will no longer notify you of any future SpikeHours;
b. you will be entitled to keep any Energy Happy Hours that you have already earnt as at the date of termination
6.5 Participation in Spike requires active participation in the Program. Therefore, If you fail to complete a Qualifying Activity over twelve consecutive months, we may deem your Spike account inactive, in which case we may terminate these Terms and deactivate your Spike account within 14 days. We will make commercially reasonable efforts to notify you before terminating these Terms and deactivating your Spike account.
7. Liability
7.1 You are responsible for any decisions you make regarding your participation in the Program and any SpikeHours, and any changes to your electricity consumption at the Supply Address. This includes assessing and considering any damage that may be caused to your devices or appliances as a result of your participation in the Program or a SpikeHour.
7.2 You accept that we will assess your energy consumption with reference to data provided by your Digital Meter only, and that any decision that we make when calculating your Average Energy Consumption and assessing whether you have been successful in the SpikeHour will be final.
7.3 Subject to the Regulatory Requirements, we do not accept liability to you for (a) loss of profits or revenue or anticipated savings; (b) loss or denial of opportunity; (c) any losses caused by you (e.g. through your negligence); (d) losses resulting from your failure to take reasonable steps to avoid or minimise your loss; or (e) special, incidental or punitive damages, suffered or incurred by you in connection with or arising out of these Terms or the Program, except to the extent that we cause that damage or loss because we breach these Terms or are negligent.
8. Privacy
8.1 We will handle your personal information in accordance with our privacy statement at www.originenergy.com.au/privacy
8.2 The Program is designed to monitor and coordinate reductions in energy consumption during SpikeHours . For these purposes, we will access and use the data provided by your Digital Meter for the purposes of calculating your Average Energy Consumption and your energy consumption during SpikeHours .
8.3 You consent to us or a Related Company contacting you in relation to the Program and SpikeHours.
9. What laws apply
The laws of the state or territory of your Supply Address apply to these Terms. You agree to submit to the non-exclusive jurisdiction of the courts in that state or territory. In some areas, your Supply Address may be located in one state but connected to a distribution system which is primarily located in another state. Where this is the case your Supply Address may be treated for some or all purposes as being in the state in which the distribution system is primarily located.
10. Amendment to Terms
We may amend these Terms at any time, and we will take reasonable steps to bring any material amendments to your attention in advance of the amendment taking effect. You will be bound by any amendment to these Terms, and therefore, you should review these Terms from time to time. If you do not agree to any amendment to these Terms of which you are notified under this clause, you must cease participating in the Program and terminate the Terms via your MyAccount within 14 days. By continuing to participate in the Program following 14 days after any amendment to these Terms as notified to you under this clause, you will be deemed to have accepted the amended Terms.