TERMS AND CONDITIONS: NEM COMPARISON DASHBOARD
1. Introduction and Agreement
These Terms and Conditions (Terms) govern your access to and use of the NEM Comparison Dashboard
(Dashboard) provided by PortfolioEnergy Consultancy B.V. registered in the Netherlands under Trade
Register under number 97092533 (we, us, or our). By clicking "I Accept" or by accessing the
Dashboard, you agree to be bound by these Terms on behalf of your organisation (Licensee).
2. Vetted Access and Rejection Right
Access to the Dashboard is intended for qualified organisations, including BESS developers,
trading teams, and asset owners.
- Application: Your online sign-up constitutes an application for access.
- Discretion to Reject: We review each application and reserve the right to decline
access at our absolute discretion.
- Eligibility: You represent that you are at least 16 years old and have the authority
to bind your organisation to these Terms.
3. License and Use Restrictions
We grant your organisation a non-exclusive, non-transferable license to use the Dashboard during
the term of your subscription.
- Internal Use Only: You may only use the Dashboard for your own internal benchmarking
and procurement decisions.
- No Sharing of Logins: Login credentials must be kept secure. You must not share login
details with any individual outside of your specific organisation.
- Prohibited Acts: You must not attempt to reverse engineer, de-compile, or modify
any part of the Dashboard.
- AI/ML Restriction: You must not use any data, outputs, or content obtained from the
Dashboard to train, fine-tune, validate, or otherwise develop any artificial intelligence or machine
learning model, algorithm, or system without our express written consent.
4. Data and Intellectual Property
- Ownership: We (or our licensors) own all intellectual property rights in the Dashboard,
including the software and all derivative data.
- External Sharing Restriction: You must not share, publish, or distribute any data,
screenshots, or reports generated by the Dashboard to any third party without our express written
consent.
- Public Data: While actual performance data is sourced from public AEMO reports, the
specific comparison views and shadow run data are our proprietary information.
5. Fees and Payment
- Pricing: Fees are as specified during the sign-up process or in your agreed pricing
plan.
- Payment: Unless otherwise agreed, fees are exclusive of GST and are payable in Australian
Dollars.
- Late Payment: Failure to pay fees when due may result in immediate suspension of
your access.
6. Disclaimers and Liability
- Information Only: The Dashboard is provided for informational purposes. We do not
warrant that the service will be uninterrupted or error-free and we are not liable for any indirect,
incidental, or consequential damages.
- Australian Consumer Law (ACL): Nothing in these Terms excludes or limits any guarantees
you have under the ACL that cannot be excluded.
- Liability Cap: To the maximum extent permitted by law, our total liability for any
claim is limited to the fees paid by you in the 12 months preceding the claim.
7. Termination
- By You: You may cancel your subscription by providing 30 days' written notice.
- By Us: We may suspend or terminate your access immediately if you breach these Terms
or fail to pay fees.
8. Privacy
Your use of the Dashboard is subject to our privacy policy, which explains how we collect and
process personal data in accordance with Australian Privacy Act 1988.
9. Governing Law
These Terms are governed by the laws of Victoria, Australia, and the parties submit to the
jurisdiction of the courts in Melbourne.
10. Changes to These Terms
We may update these Terms from time to time. We will post the updated version on this page and
update the "Last Updated" date. Continued use of the Dashboard constitutes acceptance of the
updated Terms.
11. Contact Us
For questions about these Terms, please contact:
PortfolioEnergy
Email: info@portfolioenergy.com
Address: Leidenlaan 16E, 6229 EZ, Maastricht, Netherlands