Date of Last Revision: 27 January 2021
1.1 1 Bill Pty Ltd (ABN 69 613 846 058) and its subsidiaries (“1 Bill”, “we”, “us”, “our”) provide services which allow users (“you”, “your”) to:
1.1.1 manage, research, pay and compare all your bills such as energy, gas, telephone, water, broadband, mobile, home and car insurance, council bills, insurance, and other types of bills
1.1.2 manage and pay your loan repayments; and
1.1.3 access your credit score,
as well as other related services (together, the “Services”).
1.2 You can access the Services via the 1 Bill website (“Website”) located at https://www.1bill.ai/ and our branded mobile application (“App”) available from the Apple App Store and Google Play.
1.3 These Terms and Conditions (“Terms”) govern your use of the Website, our App and the provision by us of the Service to you. By using our Website, our App or otherwise using the Service, you are agreeing to these Terms. If you do not agree to these Terms, you must immediately cease accessing or using the Website, our App and Services.
1.4 We may amend or update these Terms and will take reasonable steps to bring any material changes to your attention. As you are bound by any amendment to these Terms, you should review these Terms from time to time. By continuing to access or use the Website, App or Service after any amendments to these Terms, you are deemed to agree to be bound by such changes.
2.1 In some cases, our Services allow you to compare products and apply for a number of products via the Website or App (as applicable). These products are not provided by 1 Bill but are instead provided by third parties (“Third Party Provider”) over whom we do not have control.
2.2 We may provide information to you about products or offers based on our understanding of your requirements and our industry experience. However, it is your responsibility to satisfy yourself that you wish to obtain any product before doing so. Before making a decision to purchase a product, you should consult the relevant product documents provided by the relevant Third-Party Provider. The presence of a product on this Website or App does not constitute an endorsement by us of the Third-Party Provider, the product, the content of the Third-Party Provider’s website, or the activities of the Third-Party Provider. We are reliant on Third Party Providers to provide up to date pricing and product information. We are not responsible for any pricing change or product change by a Third-Party Provider.
2.3 All product prices are quoted in Australian or New Zealand dollars, depending on which jurisdiction you are using the Services in.
2.4 We do not represent all Third-Party Providers in the relevant markets and therefore may not offer or discuss with you all of the products and services offered in a market or all of the products and services offered by each Third-Party Provider. We are only able to offer information to our customers on the products and services, which are made available to us by the Third-Party Providers. We may change Third Party Providers from time to time and we do not guarantee that we can offer the product or service of any particular Third-Party Provider.
2.5 We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any product you obtain after using this Website, App or Services for any acts, omissions, errors or defaults of any third party (including a Third-Party Provider) in connection with that product.
2.6 The Website and App contains statements regarding the terms of the products, including features and inclusions. Some of these statements are generalised in order to give you a summary of the products being compared. However, not all products are the same and you should confirm the exact terms of any product that you intend to purchase prior to purchasing that product. The product information supplied on the Website or via the App is available only to Australian and New Zealand residents.
2.7 Savings shown on the Website or App or discussed with you are based on the information provided by you and the information provided to use by Third Party Providers. The savings are indicative and we do not warrant their accuracy.
2.8 You may be charged a cancellation fee by your existing provider if you cancel your existing service. We recommend that you consider the costs associated with switching provider before making the decision to do so.
2.9 By submitting your personal details through the Website or App, you are able to make an offer to obtain a product from a Third-Party Provider. You must provide accurate, complete and up-to-date information and by submitting such information, you confirm that it is accurate, complete and up to date. That offer may be accepted or rejected. Where accepted, you consent and explicitly authorise us to arrange for your connection/disconnection of the relevant Third-Party Provider. The contract for the product will only be concluded once your offer has been accepted by the relevant Third-Party Provider. If your offer is accepted then the product will be provided to you, subject to the Third-Party Provider’s terms and conditions. You will receive written confirmation if your offer has been accepted.
2.10 In order to authorise us to deal with Third Party Providers on your behalf to provide you with the Services, we may require you to provide us with an authorisation or your consent to enable us and/or our third-party service provider, Residential Connections Pty Ltd (ABN 63 612 925 434) (Residential Connections), to deal with the relevant Third-Party Provider and to connect / disconnect your services and to receive, manage and pay your bills. This includes during the sign-up or registration process to use our Services. You may refuse to provide us with such an authority or consent, in which case you acknowledge that we may not be able to provide you with the Services.
3.1 You acknowledge and consent to us gathering or seeking to gather National Meter Identifier (“NMI”) or Metering Installation Registration Number (“MIRN”) either directly or through Third Party Providers, for the purpose of connecting your electricity or gas to the supply address.
3.2 You acknowledge that we facilitate the connection of utility services for our customers with Third Party Providers but we are not responsible for the actual connection or disconnection of these services. We do not accept any liability for the connection or disconnection of services by Third Party Providers.
3.3 Energy connections and disconnections are usually carried out between Monday and Friday (working days only) between 9am and 5pm, however we may choose to contact you during our call centre operating hours which are Monday to Thursday 9 am to 9 pm AEST, Friday 9am to 7 pm AEST, and Saturday and Sunday 10 am to 5 pm AEST.
3.4 Once a connection has been established with a Third-Party Provider, you should direct any queries in relation to the products or services to that Third Party Provider, including any queries in relation to payment, debts, billing and monitoring.
3.5 When connecting to switching to a new Third Party Provider, you may opt-in to a service whereby 1 Bill receives your bills automatically from the new Third Party Provider. If you opt-in to this service, you acknowledge and consent to the following:
3.5.1 1 Bill may assign you with a 1 Bill email address (e.g., john.smith@1Bill.com.au) (“1 Bill Email Address”);
3.5.2 1 Bill (or Residential Connections, as applicable) may use your 1 Bill Email Address to create an online account with the Third-Party Provider in your name;
3.5.3 1 Bill may nominate your 1 Bill Email Address to receive bills from your Third-Party Provider directly;
3.5.4 1 Bill will automatically forward your bills to your personal email address; and
3.5.5 1 Bill may automatically compare the rates on your bills with rates and plans offered by other Third-Party Providers.
3.6 All disconnections and disconnections are carried out by our third-party service provider, Residential Connections. If you choose to switch Third Party Providers through our Website or the App, you will be subject to Residential Connections’ Terms and Conditions accessible at: https://www.compareandconnect.com.au/terms.
4.3 You can opt-out of 1 Bill automatically receiving your bills from your provider at any time by submitting a request to 1 Bill or changing your email address with your provider from your 1 Bill Email Address to your personal email address.
4.4 The Services may allow you to pay your bills directly through the Website or the App. We use a third-party payment processor to process payments made through the Website or the App. You acknowledge and agree that payments made through the Website or the App may be subject to the merchant fees charged by our third-party payment processor set out below:
To access your credit score or credit report through the Service, you must consent and authorise us to make an access request to a credit reporting body on your behalf. You acknowledge that you may only make one free request for your credit score and/or credit report per year, and that multiple requests for your credit score and/or credit report may be subject to a fee charged by the credit reporting bodies.
6.1 In providing the Service to you, we will need to collect your personal information, and you confirm that all of the information you provide to us, including any personal details, will be complete, true and correct.
6.3 We may need to disclose your information to Third Party Providers for the purpose of providing Services. By submitting your application, you consent to us to do so.
6.4 By submitting an application to us you explicitly authorise us and the relevant Third-Party Providers to contact you via phone, SMS, MMS, emails or any other electronic or direct methods in order to provide our services to you or to provide you with news, information or advice about our, or their, existing and new products and services.
6.5 If your phone number is on the Do Not Call Register, you confirm and consent that the communication is solicited. You also authorise us to contact you during our call centre opening hours, i.e., Monday to Thursday 9 am to 9 pm AEST, Friday 9 am to 8 pm AEST and Saturday and Sunday 10 am to 5 pm AEST.
6.6 You authorise and consent to us and our Third-Party Providers contacting you for marketing promotions, which include telephone, SMS, MMS, emails or direct mails or any other format of marketing.
7.1 We provide a Service which enables you to manage, research, pay and compare all your bills such as energy, gas, telephone, water, broadband, mobile, home and car insurance, council bills, insurance, loan repayments and other related services or additional services from time-to-time.
7.2 We also provide a Service which allows you to switch your Third-Party Provider of a particular product if you like.
7.3 Our Services are free for you to use, unless we indicate otherwise. However, we may receive payment from Residential Connections when you choose to switch providers through us, the Third-Party Providers when you use our Services to purchase products from them and from our payment processor when you pay bills.
8.1 You are only permitted to use this Website, the App and Services for personal or business use where the business employs less than 20 people (Small Business), subject to your compliance with these Terms. Commercial use of this Website beyond Small Businesses is strictly prohibited. If you are a Small Business using this Service and your circumstances change so that you are no longer a Small Business, you must stop using the services.
8.2 In order to use the Service, you must register to use the Service by providing 1 Bill with certain true and correct information about yourself (the “User Information”), as requested by the registration page on the Website. You are responsible for the use of the Service, including any information which you receive and store on behalf of someone else. There are parts of our website you can use without registering. However, you will not be able to use certain Services without registering.
8.3 By signing up to use our Service you confirm that you are at least 18 years of age. If you are under the age of 18, you confirm that you have permission from your parent or guardian to use the Service.
8.4 If you are signing up on behalf of a Small Business, you must:
8.4.1 ensure your meet the criteria for being a Small Business at all times when you use the Service; and
8.4.2 ensure that the person accepting these Terms has the authority to enter into contractual arrangements on behalf of the Small Business.
8.5 You must promptly notify and/or update your profile if any of your User Information, or information you have uploaded on behalf of someone else, is erroneous or changes from time to time. By providing your contact details, you agree to 1 Bill contacting you via such means.
9.1 You acknowledge that the internet is an inherently insecure communication medium, and you use the Website, App and Service at your own risk. You agree that we have no responsibility for use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the Website, App or Service.
9.2 You must keep all usernames, passwords and other security-based information secure and private at all times. We are entitled to assume that you are the user of the Service if your username, password or other security-based information is used to access the Service.
10.1 All intellectual property rights (including copyright, database rights and trade mark rights) subsisting in, relating to, or arising out of, the Service are owned by and vest in 1 Bill (or its licensors). You acknowledge and agree that these Terms do not transfer any right, title or interest in 1 Bill’s (or its licensors’) intellectual property rights to you, nor may you use 1 Bill’s trademarks without our prior written permission.
11.1 The Services allow users to upload and submit information, content and materials (“User Generated Content”) such as your bills.
11.2 If you choose to submit User Generated Content, you must have the right to submit that User Generated Content and it must not: (i) infringe any intellectual property rights (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence; (ii) deceive or be likely to deceive any person; (iii) be used to impersonate any person (including 1 Bill and its representatives) or to misrepresent your identity or affiliation with any person; or (iv) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate. If you become aware or reasonably suspect that any third-party content on the Service may infringe these requirements, you must promptly inform us.
11.3 If you upload or submit User Generated Content to the Services, you must have all necessary consents and permissions to do so. For example, if your bill is jointly held, you must obtain permission from all joint account holders before submitting or uploading the User Generated Content.
11.5 1 Bill does not claim any ownership rights in your User Generated Content, however, by submitting User Generated Content you grant 1 Bill (and its licensors) an irrevocable, perpetual, non-exclusive, royalty free and world-wide licence to use that User Generated Content.
12.2 You must not use the Service for any purpose which we consider to be unacceptable. Examples of unacceptable behaviour include use of the Service that:
12.2.1 would cause you or us to be in breach of any law, code, or regulation;
12.2.2 involves accessing the personal information of a person other than a person linked to your account;
12.2.3 attempts to obtain a benefit or other financial advantage which you are not entitled to;
12.2.4 places any unreasonable impost, burden or strain on the technical resources of the Service, including without limitation the excessive transmission of data;
12.2.5 depicts or promotes offensive or illegal behaviour;
12.2.6 is offensive or promotes racism, bigotry, hatred or physical harm;
12.2.7 would harass or threaten any other person;
12.2.8 exploits people in a sexual or violent manner;
12.2.9 contains nudity, violent or offensive subject matter;
12.2.10 promotes an illegal or unauthorised copy of copyright material;
12.2.11 could cause us to incur a liability to any third party or entity;
12.2.12 violates the privacy or confidentiality of any person;
12.2.13 involves compromising the security of any computer system or data storage system;
12.2.14 contains, provides or creates computer viruses or corrupts systems, facilities or data;
12.2.15 involves the sending of junk mail or unauthorised commercial electronic messages;
12.2.16 alters or modifies the operation of the Service in any way; or
12.2.17 involves the resale or resupply of the Service to any person without our prior written permission.
12.3 You acknowledge and agree that we may immediately suspend or terminate your access to the Service if you breach these Terms, or we suspect on reasonable grounds that you have breached these Terms or used the Service for any unacceptable purpose.
13.1 We may refuse to register your account and/or provide you access to the Website and Service, without giving reasons and without liability to you.
13.2 While we will take reasonable steps to ensure the availability and security of the Website, App and Service, you accept that the Website, App and Service provided by us is provided on an “as is” basis. We do not warrant that the Website, App and/or Service will be continuously available and we will not be liable if the Website, App or Service is unavailable at any time or for any reason. In particular, we may at any time immediately suspend or withdraw access without notice and without giving reasons.
13.3 We do not represent that the Website, App and/or Service (or any software underpinning the Website and/or Service) will be error, defect, “bug” or “virus” free, and you should take prudent steps to ensure your own online security and safety.
13.4 We do not represent that any information, updates, news, or other content on the Website and/or Service is accurate, reliable or correct. You acknowledge and agree that such content is provided on a “no reliance” basis. You are responsible for verifying the accuracy, reliability and correctness of any content or information that you obtain through your use of the Website and/or Service.
14.1 Without limiting any other provisions of these Terms, we will not in any way be liable to you for any kind of loss or damage incurred as a result of your use of the Website and/or Service including any viruses or other malicious software that may affect you while using the Website and/or Service or for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any representations and communications (including any transactions) made using the Website and/or Service.
14.2 Other than the express terms of these Terms and warranties, conditions, rights or guarantees implied by relevant legislation, including the Competition and Consumer Act 2010 (Cth) (“CCA”) or other applicable consumer protection law in a user’s jurisdiction (including, without limitation, the Consumer Guarantees Act 1993 (NZ) (“CGA”), the exclusion of which from an agreement would contravene a statute or cause part or all of these Terms to be void ("Non-excludable Rights"), you agree that we exclude all liability arising from any implied or express representations, terms, conditions or warranties that would otherwise apply to your use of the Website and /or Service.
14.3 Except for liability in relation to breach of any Non-excludable Rights our maximum aggregate liability to you in contract, tort (including negligence), statute or otherwise, is limited to AU$1,000.
14.4 To the maximum extent permitted by law, our liability for breach of any Non-excludable Rights is limited to:
14.4.1 replacement or refund for a major failure and you may seek compensation for any other reasonably foreseeable loss or damage; or
14.4.2 replacement or repair if the Service fails to be of acceptable quality and the failure does not amount to a major failure.
14.4.5 To the maximum extent permitted by law, under no circumstances will we be responsible to you or any third party whether in contract, tort (including negligence), in equity or under statute for any special, indirect, consequential, incidental or punitive damages, or for any damages for loss of opportunity, data, profits, revenue or goodwill, regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss.
14.4.6 You indemnify us and our related bodies corporate, directors, officers, employees and agents from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to, your use of the Service or information or content available by means of the Service, or the use of the Service by anyone using your device.
14.4.7 Subject always to this clause 12, you acknowledge and agree that ultimately it is your responsibility to ensure your bills are paid on time and we recommend that you regularly review and check this.
15.2 We may immediately terminate your access to the Service without notice or cause for any reason. Reasons we may terminate your access to the Service include where:
15.2.1 you breach any of these Terms;
15.2.2 you use the Website, App and/or the Service in a dishonest or fraudulent manner;
15.2.3 we have ceased to provide the Service, in whole or in part;
15.2.4 our business or contractual relationships with any third parties require us to do so; and/or
15.2.5 we consider that you have done something that is detrimental to our business interests or reputation or those of any third parties.
15.3 Subject to applicable law, including the CCA and CGA, you acknowledge that 1 Bill, or any third party, will not have any liability to you for any reason whatsoever arising from any termination of your access to the Website, App or Service (including the termination of your access to the Website, App or Service).
16.1 If any provision in these Terms is void or unenforceable, that provision will be read down to the extent necessary to make it valid and enforceable and to the extent that it cannot be so read down, will be severed from these Terms.
16.2 If there is a contradiction or inconsistency between these Terms and any other notices, policies, communications or documents relating to the Service then these Terms will prevail to the extent of that contradiction or inconsistency, unless we expressly agree otherwise in writing.
16.3 In these Terms, the words “such as”, “including”, “particularly”, “by way of example” and similar expressions are not used as, nor are intended to be, interpreted as words of limitation.
16.4 Your rights and obligations under these Terms are personal to you and you must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms. We may assign, transfer, sub-contract, novate or otherwise dispose of any or all of our rights and/or obligations under these Terms without notice to you.
16.5 These Terms are governed exclusively by the laws in force in Victoria, Australia and this applies notwithstanding any use of the Website or Services outside of Australia. The parties agree to be bound by the non-exclusive jurisdiction of the Courts of Victoria.