Terms and Conditions for your Spike energy-saving program
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
Agreement means your agreement with Origin for the supply of electricity.
Connected Device means your device (such as a home appliance and thermostat), which you have registered with us as part of the Program, that is connected to the internet through various enabling services.
Digital Meter means a meter which records electricity consumption at pre-determined intervals, has two-way communication capability and can be read remotely.
Event means a period of time, which will vary in duration, when we reasonably consider there is, or is likely to be, a high demand for electricity, details of which we will provide in an SMS and/or email to you, and which will be categorised as one of three types of events, being:
a. Prize Event – We’ll tell you what your Goal is for that Event. If you achieve your Goal, your name will be entered into a draw to win a Prize;
b. SpikeHour – We’ll tell you what your Goal is for that Event. If you achieve your Goal, you will earn Points, as detailed in the SMS and/or email; or
c. Mega SpikeHour – We’ll tell you what your Goal is for that Event. If you achieve your Goal, you will earn bonus Points, as detailed in the SMS and/or email.
Forecast means where we forecast your expected energy consumption at the Supply Address during the Event with reference to your historical consumption for the same period of time during which the Event will take place. We will not include any previous Events when calculating your Forecast. Your Forecast will be customised to you and will continue to be updated until we receive and process all Digital Meter data relevant for the calculation.
Gift Cards means gift cards that can be redeemed at one of the retailers listed on the on the Spike page on our website at https://spike.originenergy.com.au/help-support, which may be updated from time to time.
Goal means achieving:
a. your Forecast at the Supply Address; or
b. a reduction in energy consumption at the Supply Address when measured against your Forecast
during an Event, as the case may be.
Life Support Equipment has the meaning provided to it in the Regulatory Requirements.
Negative Points means where points will be deducted from you for not achieving you Goal during an Event that you have not opted-out of participating in.
Points means points that you earn by participating in a SpikeHour or MegaSpike Hour Event and achieving your Goal, which may be converted on a monthly basis into PayPal cash or Gift Cards, with each point representing the equivalent of 1c.
Program means Origin’s Spike program.
Prize means a prize (to be determined by us at our discretion) that you could win by achieving your Goal in a Prize Event and being entered into the applicable prize draw.
Reward means Points, or an opportunity to be entered into a draw for a Prize that you could receive for achieving your Goal during an Event, details of which will be provided to you.
Status Level means a level attained by a participant in the Program based on the criteria set by us from time to time, full details of which can be found on the Spike page on our website at https://spike.originenergy.com.au/help-support
Streak means a series of successive Events in which you consume less energy than your Forecast.
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).
2.1 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 an Event; and
g. you must be a residential customer.
2.2 To permit us to manage a Connected Device during an Event you must have an internet connection with WiFi connectivity at your Supply Address.
2.3 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 an Event.
2.4 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.
3.1 From time to time we will identify certain times to hold an Event. We’ll send you an SMS and/or email outlining when this will take place, what type of Event will be held, and your Goal for the Event.
3.2 If you have registered a Connected Device with us as part of the Program, you authorise us to remotely manage your Connected Device on your behalf during the Event. You may at any time elect to manage your Connected Device directly (and override any instructions already given to us by you). Your Connected Device may be managed through services operated by third parties, such as the manufacturer of that device, where you have opened an account and provided certain log-in credentials to the Connected Device (the “Connected Device Credentials”). By providing the Connected Device Credentials for your Connected Device to us:
a. you agree you have the authority and rights to provide your credentials to us;
b. you authorise us to control your Connected Device, based on your settings, during an Event;
c. you agree you may override the automated control of your Connected Device for any Event;
d. you understand and agree we may not be able to turn your Connected Device back on at the end of an Event due to Internet, wireless connectivity or other service issues;
e. you agree and understand you may need to manually turn the Connected Device off or back on.
3.3 We will turn off all Connected Devices that you have given us permission to control for the duration of an Event. At the end of an Event we will attempt to turn your Connected Devices back on.
3.4 You are responsible for the health and safety of all occupants (including yourself) at the Supply Address during each Event. This includes fully assessing whether it is necessary and/or appropriate to participate in an Event and not participating if there is any risk to the health or safety of any occupant at the Supply Address.
3.5 We reserve the right not to notify you of an Event 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 an Event or the Program.
3.6 You have absolute discretion in whether you choose to participate in an Event, and by how much you reduce your energy consumption during an Event.
3.7 In the event that your Digital Meter data for the period covering the Event is not provided to us you will be deemed not to have participated in the Event.
4. Rewards and Negative Points
4.1 You will receive a Reward from us or a Related Company for participating in an Event based on:
a. your level of participation in the Event and the Program;
b. whether you meet your Goal; and,
c. the conditions in the energy market prevailing at the time of the Event.
The Reward available for each Event will be communicated to you.
4.2 You may redeem your Points and convert them into cash or Gift Cards (to the value of pre-determined denominations) once a month.
4.3 You must have a PayPal account in order to convert Points into cash, and be willing to agree to associated PayPal terms and conditions in order to do so. Cash due to you will be paid out to you from your PayPal account to your nominated bank account.
4.4 You acknowledge that Gift Cards will be subject to the applicable retailer’s terms and conditions.
4.5 You will receive Negative Points from us based on:
a. your level of participation in the Event and the Program;
b. the extent to which you failed to meet your Goal; and,
c. the conditions in the energy market prevailing at the time of the Event.
5. Status Levels and Streaks
5.1 You will acquire a Status Level, ranging from Silver, to Gold, to Platinum, to Diamond, which will be determined by how much you reduce your energy consumption during Events, full details of which can be found on the Spike page at https://spike.originenergy.com.au/help-support
The higher your Status Level, the more Rewards you will be eligible to earn.
6. Updates to the Program
6.1 Over time, the features and functions of the Program may change as the Program evolves. New features and functions may be added, and others may be deleted or modified. You agree that we may update, modify, or discontinue the Program (in whole or in part) or any features or functions within the Program, at any time, in our sole discretion. In order to provide you with a more seamless user experience, we may update or modify the Program remotely without notifying you in order to ensure the safe and proper operation of the Program (e.g. bug fixes), and you consent to such updates or changes by us.
7. Referral Program
7.1 From time to time, we may invite you to participate in our referral program allowing users to refer new members to join the Program (Referral Program). Referring a new member (Referred User) to the Program may result in a reward of Points for you and for the Referred User.
7.2 You will be provided with a unique invite link for referrals (Referral Code) to distribute to your friends and family (aged 18 or over) who do not live at the same address as you and who you think may benefit from participating in the Program as an Origin Energy customer.
7.3 Referral Codes can only be used for personal and non-commercial purposes. This means that you can share your Referral Code with your personal connections, i.e. your family and friends, only.
7.4 You must ask for permission from your family and friends to send them the Referral Code beforehand, and must only send the Referral Code to friends and family who have given you their permission to send them the Referral Code. If they withdraw their permission later, you must not send them any more communications about the Program.
7.5 To redeem the Referral Code, the Referred User must
a. be an Origin Energy customer that meets the eligibility criteria Program, set out in clause 2;
b. not already be enrolled on to Program; and,
c. follow the unique invite link in the Referral Code during sign up to the Program.
7.6 If the Referred User achieves their Goal during an Event both you and the Referred User will receive 1000 Points (each a Referral Reward), which can be redeemed for PayPal cash or gift cards in accordance with these Terms.
7.7 If a Referred User receives multiple Referral Codes, only the last Referral Code invite link used will be given the Referral Reward for the Referred User.
7.8 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, the Referral Program, we may deactivate your Referral Code and you may forfeit your associated Referral Reward.
7.9 We may change or discontinue the Referral Program at any time. We will give you advance notice of this.
8.1 You may withdraw from the Program at any time in your sole discretion by deactivating your Spike account. If you do this, we will no longer notify you of any Events.
8.2 You will need to redeem your Points before de-activating your account. You will be entitled to retain any Rewards that you have already received as at the date of termination of the Program and you will receive any Rewards accrued up to the date of termination.
8.3 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.
8.4 We may also end the Program and terminate these Terms at any time by providing you with a notice in writing.
8.5 If these Terms end you will be entitled to keep any Rewards that you have already received as at the date of termination. You will need to redeem any accrued Points before your Spike account is de-activated. We will give you reasonable notice of when this will happen.
9.1 You are responsible for any decisions you make regarding your participation in the Program and Events, 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 an Event.
9.2 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 Forecast and assessing whether you have met your Goal for an Event will be final.
9.3 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.
10.1 We will handle your personal information in accordance with our privacy statement at www.originenergy.com.au/privacy
10.2 The Program is designed to monitor and coordinate reductions in energy consumption during Events. For these purposes, we will access and use the data provided by your Digital Meter for the purposes of calculating your Forecast, your Goals and your energy consumption during Events.
10.3 You consent to us or a Related Company contacting you in relation to the Program and Events.
11. 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.