These Terms of Service and your Application Form set out the agreement between YourPorter Pty Ltd ABN 42 166 347 235 (referred to as “we”, “our” and “us”) and the customer (referred to as “you” or “your”).
The dictionary at the end of this document defines words that have a special meaning in these Terms of Service.
2. Our Appointment
You appoint us to:
- provide the Connections Service and deal with the Providers on your behalf; and
- obtain a National Metering Identifier (NMI) for the Premises, if necessary.
You agree to comply with the Provider’s terms and conditions for each Utility Service we connect for you.
3. Preparing the Premises
At the Premises, you must:
- ensure the mains power supply is switched off before the electricity is connected; and
- grant the Providers safe access so they can read the meters and connect or disconnect the Utility Services.
We will use our best endeavours to arrange the connection and disconnection of the Utility Services in accordance with your request and our estimated timeframes. However, we do not guarantee the actual timeframes as these may vary due to:
- difficulties with access to, or preparation of, the Premises;
- technical issues or delays caused by the Providers; and
- a range of other factors.
We do not charge for the Connections Service. However, you should be aware that:
- you must pay the Provider’s charges for each Utility Service which may include connection, disconnection and ongoing charges;
- we may receive a commission or other benefit from the Providers; and
- the Agents may receive a commission or other benefit from us.
6. Do Not Call Register
You authorise us to contact you both by phone and/or SMS for the purposes of marketing the Utility Services and providing the Connections Service. This consent applies to the telephone numbers on the Application Form and any other telephone numbers you may have and will continue for an indefinite period unless you notify us that it is withdrawn. You acknowledge that this consent permits YourPorter to contact you even if the numbers listed on the application are listed on the Do Not Call Register.
8. Limitation of our liability
To the extent permitted by law (including the Australian Consumer Law):
- we do warrant in relation to the Utility Services that the Providers will agree to supply them as requested in your Application Form, that they will operate to a particular standard (including for example, the level of water pressure or the consistency of supply generally) or that they will be connected within particular timeframes;
- our liability is limited in relation to the Connections Services, at our option, to re-suypplying or paying for the re-supply of them; and
- we will not be liable for any remote, indirect, consequential, special or incidental damages, damages resulting from loss of profits, goodwill or business interruption, or cost of cover, whether based on breach of contract, tort (including negligence), product liability or otherwise;
These limitations on our warranties and liability are not intended to restrict or modify your statutory rights and you may avoid them by establishing that it is not fair or reasonable for us to rely upon them.
You indemnify us for any costs, claims or expenses that we may incur in relation to:
- a failure to meet particular timeframes for connection or disconnection of the Utility Services; and
- your failure to pay a Provider’s charges or otherwise comply with your agreement with the Provider
This Agreement is governed by the laws of Victoria and the parties submit to the exclusive jurisdiction of its courts.
(a) Agent refers to the real estate agent (or agent’s representative) who refers your business to us.
(b) Application Form means the form on which you apply for the Connections Service.
(c) Connections Service means arranging the connection and/or disconnection of Utility Services supplied by various Providers.
(d) Premises mean the premises specified in your Application Form.
(e) Provider means a third party supplier of a Utility Service.
(f) Utility Service means a product or service (including for example electricity, gas, water or telecommunications) that may be connected to the Premises.