As of 2 October 2021.
This agreement sets out a variety of other terms which we urge you to read carefully.
Our “Service" includes the nemy website (nemy.io) and its subdomains and all other features, services, products or applications offered by nemy, including through third-parties such as IFTTT.
References to “nemy”, "our", "we" or "us" are references only to NEMY PTY LTD, A.C.N. 654 139 634.
We require you to sign up for an account, and select a password and user name. We require you to supply us with certain registration information including your name, a valid email address and residential address.
Your right to use our Service continues until it is terminated by either you or us. You may terminate by discontinuing use of our Service. We may terminate at any time for any reason, even if you have purchased nemy premium features.
You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use our Service including mobile phones, hardware, software and data plans. You must ensure that such equipment or ancillary services are compatible with our Service.
We try to keep our Service running smoothly. However, there will be occasions when our Service will be unavailable, interrupted or not functioning as intended due to maintenance, upgrades, emergency repairs or issues which are beyond our control (e.g. failures in input data streams).
We urge you to use our Service carefully and to take measures to protect yourself from such events (e.g. we recommend you frequently check whether our Service is working as intended – do not leave our Service set up without further attention).
You agree that we will not be liable in any event to you or any other party for any suspension, modification, discontinuance, unavailability, interruptions or unintended functionality of our Service.
We may suspend or discontinue any part of our Service, we may introduce new features or impose limits on certain features or restrict access to parts or all of our Service, for any reason. We will try to give you notice when we make a change to our Service that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from our Service at any time, for any reason, at our sole discretion, and without notice.
Use of any information on our Service is at your risk. We do not warrant or represent that the information is accurate, reliable, complete or current or that it is suitable for particular purposes. You should verify and check the accuracy, completeness, reliability and suitability of any information for any use to which you intend to put it and seek independent expert advice before using it. The information on our Service is for general information and use only, and may change without notice.
We are not liable for any errors or omissions in that information or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the information or what actions you may take as a result of having been exposed to the information, and you hereby release us from all liability for you having acquired or not acquired information through our Service. We can’t guarantee the identity of any users with whom you interact in using our Service and are not responsible for which users gain access to our Service.
AEMO is the Australian Energy Market Operator ("AEMO"). Its role is to manage the electricity and gas systems and markets across Australia, helping to ensure Australians have access to affordable, secure and reliable energy.
AEMO as an entity is not related to or connected with us or our Service, save that our Service uses a range of data relating to the National Electricity Market (“NEM”) published by AEMO (e.g. real-time and historical price of electricity and the amount of generation by electricity generators).
We use this information under AEMO's general permission for anyone to use its material for any purpose with accurate and appropriate attribution of the relevant material and AEMO as the author. We have not obtained any specific permission to use AEMO material.
The materials available on our Service (“Content”) are protected by copyright and other intellectual property laws. You must not copy, reproduce, modify, publish, broadcast, distribute, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you without our prior written consent. You must not reverse engineer, modify, or create derivative works based on our Service.
Your interactions with organisations and/or individuals found on or through our Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary before proceeding with any transaction with these third-parties. You agree that we shall not be responsible for any liability or loss incurred as a result of any such dealing.
You must not use our Service:
Any way in which you use our Service may be monitored by us. You acknowledge we may rightfully reproduce or otherwise act with respect to such use for our own purposes (e.g. we may reproduce a novel way in which you use a nemy integration or features and publish this on our website). You grant us a licence to this end and agree that such licence shall be free of cost for us to use, perpetual, sublicensable, irrevocable and worldwide.
We may elect to provide you with support or modifications for our Service and may change, reduce or terminate such support at any time without notice to you.
If you subscribe to our premium features, you:
We offer no refund or credits. Unless agreed to separately in writing, we will automatically renew monthly subscriptions for an additional month and yearly subscription for an additional year at the then-prevailing rates unless you cancel your subscription before the date of renewal.
Users of our Service may gain access to third-party sites through hypertext or other computer links on our Service. Third-party sites are not within our supervision or control. We do not make any representation or warranty whatsoever about any third-party site that may be linked to or from our Service.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding:
We do not claim that our Service is free of inaccuracies, errors, bugs or interruptions, or is reliable, accurate, complete or otherwise valid.
Our Service is provided 'as is', with no warranty. We do not claim that our Service is fit for any particular purpose. Your use of our Service is at your own discretion and risk, and you will be solely responsible for any damage that results from using our Service, including any damage to your computer system, mobile phone or loss of data.
As we have above outlined risks of using our Service, and precautions you must take, you agree to use our Service at your own risk. As such, we shall not under any circumstances be liable to you for any damage arising out of or in connection with use of our Service, regardless of whether such damages are based on breach of contract, breach of warranty, tort, statute, or any other pecuniary loss.
To the maximum extent permitted by law, you agree to hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your access or use of our Service (including anything you develop using our Service), including any liability or expense arising from all claims, losses, damages, actions, judgments, litigation costs and legal fees. We shall use good faith efforts to provide you with written notice of such claim.
You consent for us to email you unsolicited advertising and direct marketing. We may use your personal information for direct marketing. You may elect not to receive these communications by clicking the "unsubscribe" facility at the bottom of any of our advertising or marketing email.
For all purposes of these Terms, you and nemy shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of nemy, express or implied, and you shall not attempt to bind nemy to any contract.
If any provision of these Terms is found by a court to be invalid, you agree that the court should endeavour to give effect to the intention as reflected in the provisions of these Terms, and all other provisions are to remain in full force and effect.
You must not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without nemy’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Any action arising out of the use of our Service or under these Terms shall be construed under the laws of the State of Victoria, Australia. Any action shall be filed, disputed and resolved in Melbourne, Victoria. You must not commence any action outside of Melbourne. Should you file a claim outside of Melbourne, you must act as necessary to transfer any claims to a court or tribunal in Melbourne.
Our failure to exercise or enforce any right or provision of these Terms, or any other right available to us at law, shall not amount to a waiver of such right, nor shall it afford you the right to a claim in equity stopping us from exercising or enforcing our rights.