These Terms and Conditions are divided into two sections.
The Small Market Terms and Conditions apply to residential and small business customers who use Zembl’s price comparison, switching and Re-Zembl services.
The Large Market Terms and Conditions apply to services provided to commercial and industrial customers.
These Terms and Conditions apply to Zembl’s residential and small business energy comparison, switching and Re-Zembl services.
In these Terms:
Contract means any contract between a Supplier and the Customer.
Customer, you or your means a residential or small business customer who satisfies the eligibility requirements in clause 3 and to whom Zembl agrees to provide any of the Services.
Existing Supplier means your existing energy retail supplier.
Price Comparison Service means the service described in clause 4.1.
Re-Zembl Agreement means the separate agreement entered into by customers who opt into the Re-Zembl Service.
Re-Zembl Service means the renewal service described in clause 4.4.
Services means the Price Comparison Service, Switching Service and Re-Zembl Service, as applicable.
Site means www.zembl.com.au.
Supplier means an energy retail supplier selected by Zembl or listed on the Site from time to time, including your Existing Supplier where applicable.
Supplier Services means the energy retail supply services or products agreed to be provided by a Supplier to you.
Switching Service means the service described in clause 4.3.
Zembl, we, us or our means Zembl Pty Limited ABN 29 138 847 757.
2.1 These Terms apply to residential and small business customers who use Zembl’s Services.
2.2 These Terms apply when you ask Zembl to provide, or Zembl agrees to provide, any of the Services to you.
2.3 If you enter into a Re-Zembl Agreement, that agreement will apply in addition to these Terms. If there is any inconsistency between these Terms and the Re-Zembl Agreement, the Re-Zembl Agreement will prevail to the extent of that inconsistency.
2.4 These Terms do not govern your energy supply contract with a Supplier. If you enter into a Contract with a Supplier, that Contract is between you and the Supplier.
2.5 No other terms provided by you, or implied by trade, custom, practice or course of dealing, apply to the Services unless expressly agreed by Zembl in writing.
To use the Services, you must:
4.1 Price Comparison Service
If you ask Zembl to provide, and Zembl agrees to provide, the Price Comparison Service, Zembl may provide you with information about Supplier prices, offers and products. Zembl will use reasonable endeavours to secure favourable and competitive prices on your behalf and may provide you with relevant quotations or offers obtained from Suppliers for your consideration. Zembl and the relevant Supplier may revise, amend or withdraw any quotation or offer at any time.
4.2 Facilitating new supply arrangements
If you use the Switching Service or Re-Zembl Service, you authorise Zembl to facilitate your switch to a new Supplier or to new or renewed arrangements with your Existing Supplier.
4.3 Switching Service
The Switching Service involves Zembl seeking and obtaining your consent to enter into a new Contract with a Supplier for the supply and purchase of Supplier Services.
4.4 Re-Zembl Service
The Re-Zembl Service involves Zembl acting on your behalf to source and enter into new or renewed Contracts with Suppliers on an ongoing basis, as and when your existing energy supply arrangements are due to expire or be renewed, until Zembl’s authority is revoked by you. The Re-Zembl Service only applies if you separately opt into that service and enter into the Re-Zembl Agreement.
5.1 You acknowledge that, if you enter into a Contract with a Supplier, you contract directly with that Supplier and not with Zembl.
5.2 Zembl is not responsible for the supply of energy to you. The Supplier is responsible for energy supply, billing, transfer, onboarding and performance of the Supplier Services.
5.3 You are responsible for ensuring that all information you provide to Zembl or a Supplier is true, accurate, complete and current.
5.4 If your information is incorrect, incomplete or out of date, this may result in a Supplier rejecting your application, delaying the transfer, amending pricing or terms, or requiring further information.
5.5 Zembl is not responsible for any delay, rejection or failure caused by a Supplier or Existing Supplier.
5.6 Zembl will use reasonable endeavours to identify competitive Supplier offers. However, actual savings depend on matters that may not be known or predictable at the time of comparison, including your future usage, tariff, and Supplier pricing changes.
6.1 Zembl provides the Services free of charge to you.
6.2 Zembl may receive payments or commissions from Suppliers if a new Contract successfully begins or is renewed.
7.1 You consent to Zembl contacting you by direct mail, email, SMS, telephone or other electronic means in connection with the Services.
7.2 You consent to Zembl sending you marketing communications about Zembl’s products and services, Supplier products and services, and related energy products and services.
7.3 You may opt out of marketing communications at any time by using the unsubscribe facility in the relevant communication or by contacting Zembl.
7.4 You consent to Suppliers contacting you from time to time in connection with the provision of the Supplier Services. Any direct marketing communications from a Supplier are subject to your separate consent to the Supplier, and you may opt out by contacting the relevant Supplier directly in accordance with the information provided in the relevant communication or the Supplier’s privacy policy.
7.5 Zembl collects, uses and discloses personal information in accordance with its Privacy Policy, available at www.zembl.com.au/privacy-policy.
7.6 Zembl may disclose your personal information to Suppliers and other third parties where required to provide the Services, process your request, facilitate a switch, support Re-Zembl, or as otherwise described in Zembl’s Privacy Policy.
7.7 If you do not provide the requested information, Zembl may not be able to provide some or all of the Services to you.
8.1 Either you or Zembl may terminate the Services at any time.
8.2 You may revoke your Re-Zembl authority in accordance with the Re-Zembl Agreement.
8.3 Termination of Zembl’s Services does not terminate any Contract you have entered into with a Supplier. You must contact the relevant Supplier directly about termination, transfer, billing or supply matters relating to that Contract.
9.1 Zembl will exercise reasonable skill and care in providing the Services.
9.2 The performance of the Services may depend on third parties, including Suppliers and Existing Suppliers. Zembl does not guarantee and is not responsible for any failure, delay, inaccurate information, incomplete information or unreliable information caused or provided by those third parties.
9.3 You should notify Zembl of any claim as soon as reasonably practicable after becoming aware of the relevant circumstances. Delay in notifying Zembl may limit Zembl’s ability to investigate or remedy the issue, but nothing in this clause limits any rights you may have under the Australian Consumer Law or any other law that cannot be excluded.
9.4 Subject to clause 9.5, Zembl’s total liability for all losses suffered by you in connection with the Services is limited to the lesser of:
9.5 Zembl does not exclude or limit its liability in any way:
9.6 Subject to clause 9.5, Zembl is not liable for indirect loss, loss of profit, loss of savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, or loss or corruption of data.
Zembl will not be liable if it is prevented from or delayed in performing its obligations by an act, event, omission or accident beyond Zembl’s reasonable control.
11.1 You may not transfer or assign your rights or obligations under these Terms without Zembl’s prior written consent.
11.2 Zembl may assign, transfer, subcontract or novate its rights or obligations under these Terms without your consent, provided this does not materially prejudice your rights under these Terms.
12.2 These Terms are governed by the laws of New South Wales, Australia.
12.3 Each party submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them.
13.1 Zembl makes price comparisons and recommendations based on Supplier pricing and information available at the time the comparison or recommendation is made.
13.2 Supplier prices and terms may change in accordance with the relevant Supplier’s terms and conditions.
13.3 Zembl is not responsible for Supplier price changes or tariff changes.
14.1 Zembl provides a Customer Savings Guarantee to customers who receive a comprehensive bill comparison and change Suppliers using the Switching Service.
14.2 The Customer Savings Guarantee is intended to provide confidence that the new Supplier selected through the Switching Service will save you money over the following 12 months.
14.3 If you consider that a saving was not achieved after 12 months with the new Supplier, you must provide Zembl with copies of your bills for the relevant 12-month period.
14.4 Zembl will compare:
14.5 The Customer Savings Guarantee is subject to Zembl receiving complete and accurate information from you, and does not apply where the outcome is affected by inaccurate information, incomplete information, changes in usage, changes in tariff, changes in site details, or matters outside Zembl’s reasonable control.
15.1 Zembl may amend these Terms from time to time by updating this page.
15.2 Any amendment will apply to Services provided after the date of publication.
These Terms and Conditions apply to Zembl’s commercial and industrial (C&I) services.
In these Terms:
Chosen Retailer means the energy retailer selected by the Customer as part of a tender, procurement, comparison or offer acceptance process.
Contract means any contract or agreement between the Customer and a Chosen Retailer, Metering Provider, energy efficiency provider or other third-party provider.
Customer, you or your means the commercial and industrial business customer receiving services from Zembl.
Data means information relating to the Customer, its personnel, sites, accounts, contracts, meters, tariffs, usage, billing, interval data, meter data, NMI details, pricing, charges and related energy information, including any Personal Information.
Direct Metering Agreement or DMA means an agreement between the Customer and a Metering Provider for metering services.
Letter of Authority or LOA means any authority given by the Customer authorising Zembl to act on the Customer’s behalf in relation to energy accounts, energy usage, metering information, energy procurement activities or related services.
Metering Provider means the metering provider selected or nominated in connection with the Customer’s sites.
Offer Acceptance Form means the document signed by the Customer confirming its intention to accept a proposed retail energy offer, metering arrangement or related service.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Privacy Policy means Zembl’s privacy policy available at www.zembl.com.au/privacy-policy.
Retail Agreement means the retail energy supply agreement between the Customer and the Chosen Retailer.
Services means the services provided by Zembl to the Customer, which may include energy procurement, tendering, offer comparison, retailer negotiation, metering support, tariff review, bill validation, reporting and analysis, energy management, contract renewal or extension support, energy efficiency opportunity identification, partner referral and related services.
Zembl, we, us or our means Zembl Pty Limited ABN 29 138 847 757 and, where applicable, any related body corporate or entity in the Zembl Group.
2.1 These Terms apply to Zembl’s large market and C&I Services.
2.2 These Terms are intended to supplement, not replace, any signed Letter of Authority, Offer Acceptance Form, Customer Acceptance Report, service order, Retail Agreement, DMA, metering provider terms or other customer-specific document.
2.3 Where the Customer signs an Offer Acceptance Form, Customer Acceptance Report, Retail Agreement, DMA or other customer-specific document, the Customer is also bound by the terms of that document.
2.4 Zembl is not an energy retailer, distributor or metering provider. Unless expressly stated otherwise in a signed document, Zembl acts as an energy consultant, broker, intermediary and procurement support provider.
2.5 The Customer’s energy supply contract is entered into directly between the Customer and the Chosen Retailer. Where applicable, metering services are provided under a DMA or other arrangement between the Customer and the Metering Provider.
3.1 The Customer may authorise Zembl to act on its behalf by signing a Letter of Authority, Offer Acceptance Form, or other authority document.
3.2 The Customer authorises Zembl to take reasonable steps required to provide the Services, which may include:
3.3 The Customer must provide Zembl with all information reasonably required to provide the Services.
3.4 Zembl may rely on information provided by the Customer, retailers, metering providers, distributors, market participants and other third parties.
4.1 Zembl may provide tendering, pricing, comparison, procurement or recommendation services based on information available at the time.
4.2 Pricing, recommendations and comparisons may be based on site data, usage data, interval data, invoices, contract information, tariffs, network charges, environmental charges, market charges, metering arrangements, retailer eligibility criteria and other information available to Zembl.
4.3 Zembl will use reasonable endeavours to provide accurate estimates and recommendations. However, Zembl cannot guarantee the accuracy, completeness or timeliness of information provided by the Customer or third parties.
4.4 Network charges, environmental charges, market charges and other regulated or third-party charges are subject to change at the discretion of the relevant regulator, network, market body or service provider.
4.5 Retailer pricing and eligibility are based on site information available at the time of contracting. If site classification, consumption, metering arrangements, usage profile, tariff, solar, batteries, EV charging, embedded network status or other relevant matters change before or during the contract term, the retailer may amend pricing, tariffs, eligibility or contract terms in accordance with its terms and conditions.
4.6 The Customer must notify Zembl of any material changes that may affect site information, energy usage, metering arrangements, contractual arrangements, retailer eligibility or pricing.
5.1 If the Customer chooses to accept an offer, the Customer may be required to sign an Offer Acceptance Form, Retail Agreement, DMA or other document.
5.2 An Offer Acceptance Form confirms the Customer’s intention to accept the rates or offer quoted by the Chosen Retailer. It is not itself a retail electricity supply contract unless expressly stated otherwise.
5.3 The Customer acknowledges that the Chosen Retailer will arrange the retail transfer and that the Customer consents to the Chosen Retailer taking the necessary steps to effect that transfer.
5.4 The Customer acknowledges that the transfer may involve:
5.5 The Customer acknowledges that the retail offer is subject to the Chosen Retailer’s terms and conditions.
5.6 The Customer must ensure that all company, site, contract, meter and usage information provided to Zembl, the Chosen Retailer or the Metering Provider is accurate, complete and not misleading.
5.7 The Customer acknowledges that information provided in an Offer Acceptance Form or related document may be used by the Chosen Retailer to prepare the Retail Agreement.
5.8 The Chosen Retailer may reject, delay or amend the Customer’s application in accordance with its terms and conditions.
6.1 Any contract start date stated in an Offer Acceptance Form, Customer Acceptance Report or other document is an estimate only.
6.2 The Customer cannot become the customer of the Chosen Retailer until all necessary steps have occurred.
6.3 Failure to deliver a complete Retail Agreement or other required document in a timely manner may result in delays to the contract start date and may result in default charges or other charges being incurred by the Customer.
6.4 The Chosen Retailer must receive a completed and signed Retail Agreement before the account transfer process can begin.
6.5 Zembl will use reasonable endeavours to assist with the transfer from the Customer’s existing retailer to the Chosen Retailer. However, it is ultimately the Customer’s responsibility to ensure that its account is active with the Chosen Retailer and that the relationship with its existing retailer has ceased.
7.1 Zembl takes reasonable steps to verify customer information, existing contracts and site details based on information provided by the Customer and third parties.
7.2 Zembl cannot guarantee the accuracy, completeness or timeliness of information obtained from third parties.
7.3 The Customer remains responsible for confirming its existing contractual obligations, including any applicable early termination fees, break fees, direct metering agreement obligations, notice requirements or other charges.
7.4 The Customer acknowledges that entering into a new Retail Agreement, DMA or other arrangement may result in fees or charges under an existing contract.
7.5 Where a site forms part of an embedded network, additional requirements or third-party approvals may apply. These may affect retailer participation, timing, pricing or the ability to complete the transfer. Zembl is not responsible for delays or outcomes arising from matters outside its reasonable control.
8.1 Where metering services are required, the Customer may enter into a DMA or other metering arrangement with a Metering Provider.
8.2 The Customer acknowledges that the Metering Provider, not Zembl, is responsible for providing metering services.
8.3 Where the Customer authorises Zembl to arrange or facilitate metering services, the Customer authorises Zembl to deal directly with the Metering Provider and to access metering information required to provide the Services.
8.4 The Customer authorises the Metering Provider to release electricity consumption data and other relevant metering information to Zembl and to any third-party energy monitoring platform used by Zembl to provide the Services.
8.5 Metering fees and Zembl value-added service fees are separate unless expressly stated otherwise in the relevant documentation.
8.6 Metering fees may continue for the term of the DMA or metering arrangement, even where Zembl’s value-added service fees cease at the end of the retailer agreement.
9.1 Zembl may provide value-added services to the Customer, including:
9.2 The scope, pricing and term of any value-added service may be set out in the Offer Acceptance Form, Customer Acceptance Report, service order, proposal, Retail Agreement, DMA or other customer-specific document.
9.3 Unless expressly agreed otherwise, Zembl may provide value-added services itself or through subcontractors, related entities, technology providers or specialist partners.
10.1 Zembl may charge fees, value-added service charges, commissions or other amounts in connection with the Services.
10.2 Charges may be billed directly by Zembl, billed through a Chosen Retailer, bundled with retail or metering charges, included in rates, or otherwise disclosed in the relevant customer-specific documentation.
10.3 Zembl may receive commission from the Chosen Retailer or other third party in connection with the Services.
10.4 Unless stated otherwise, Zembl commission is not calculated on network, environmental or other third-party charges.
10.5 The Customer acknowledges that Zembl commission, fees or value-added service charges may be factored into the rates or charges presented to the Customer.
11.1 The Customer acknowledges that Zembl, the Chosen Retailer and any Metering Provider may provide services to the Customer under the applicable Offer Acceptance Form, Retail Agreement, DMA or other arrangement.
11.2 The Customer agrees to Zembl collecting, requesting, using and disclosing Data:
11.3 Zembl may use Data to provide the Services, including tendering, pricing, comparison, procurement, account management, reporting, analysis, bill validation, tariff review, energy efficiency opportunity identification, contract renewal and related services.
11.4 Zembl may disclose Data to:
11.5 Zembl’s Privacy Policy is available at www.zembl.com.au/privacy-policy.
11.6 Zembl will comply with its Privacy Policy, the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Spam Act 2003 (Cth) and any other applicable requirement under Australian law or industry code relating to the handling of Personal Information.
12.1 The Customer must:
13.1 The Customer agrees to indemnify and hold harmless Zembl against any loss, cost or claim arising directly from:
13.2 The indemnity in clause 13.1 does not apply to the extent the loss, cost or claim is caused by Zembl’s fraud, wilful misconduct or negligence.
14.1 Zembl will exercise reasonable skill and care in providing the Services.
14.2 Zembl is not responsible for:
14.3 To the extent permitted by law, Zembl excludes liability for indirect loss, loss of profit, loss of savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, or loss or corruption of data.
14.4 Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee or warranty that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
15.1 Each party must keep confidential any confidential information received from the other party in connection with the Services.
15.2 Zembl may disclose confidential information to the extent required to provide the Services, including to retailers, metering providers, subcontractors, technology providers, service providers, related bodies corporate, professional advisers and other relevant third parties.
15.3 Confidentiality obligations do not apply to information that is publicly available, already known to the receiving party, independently developed, required to be disclosed by law, or disclosed with consent.
16.1 Unless the Customer notifies Zembl otherwise in writing, the Customer permits Zembl to use the Customer’s business name, logo and branding for the limited purpose of identifying the Customer as an existing client or customer relationship in internal and external stakeholder communications.
16.2 Zembl will not suggest that the Customer endorses Zembl or any particular product or service unless separately agreed.
17.1 Either party may cease the Services by giving written notice to the other party, subject to any signed customer-specific document.
17.2 Termination of Zembl’s Services does not terminate any Retail Agreement, DMA or other third-party contract entered into by the Customer.
17.3 The Customer must contact the relevant Chosen Retailer, Metering Provider or third-party provider directly in relation to termination of any Retail Agreement, DMA or other third-party contract.
17.4 Clauses relating to charges, data and privacy, confidentiality, indemnity, limitation of liability and any accrued rights survive termination.
18.1 Zembl may amend these Terms from time to time by updating this page.
18.2 Any amendment will apply to Services provided after the date of publication.
18.3 No amendment or modification to a signed Offer Acceptance Form, Customer Acceptance Report, service order, Retail Agreement, DMA or other signed customer-specific document will be effective unless made in accordance with that document.
19.1 These Terms are governed by the laws of New South Wales, Australia.
19.2 Each party submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them.
