Terms & Conditions

Powersensor End-User Terms of Use

These Terms & Conditions apply to Powersensor solutions.

Congratulations on your acquisition of Powersensor, a wireless energy consumption and solar generation cloud-connected monitoring device that is designed to be easily installed without an electrician (the Powersensor). 

The Powersensor comprises of:

(a)   a power meter/appliance usage and solar generation sensor and an energy monitoring gateway (the Device);

(b)   a mobile application (downloaded from Apple App Store or Google Play Store) intended for the use by the end user of the Device (End User) for installing the Devices and viewing the data generated from it (Mobile App); and

(c)   a cloud-based platform through which DiUS: (i) provides its energy monitoring and other services all related to the Powersensor (Service), and (ii) is able to view energy use and other data that is accessible through the application. 

Getting Started

Formation of Contract with you

These terms of use relate to your use of the Powersensor once you are ready to install it. If you have purchased the Powersensor from a person other than DiUS, such as a reseller or distributor, you should pay that other person for the Powersensor and contact that other person for any queries or issues regarding your purchase.

By installing and/or using the Powersensor or any of its components, you thereby consent to these terms of use.

These terms are subject to change at any time at our discretion and you are encouraged to review the most current terms and any relevant specific terms each time you visit. Each time you access any component of the Powersensor, you thereby agree to be bound by the most current version of these terms. If you do not wish to be bound by these terms, do not use or access the Powersensor or the Mobile App or the Service.

1.      Installation

1.1           Installation

It is your responsibility to:

(a)   install the Powersensor device and system in accordance with the installation instructions, on your electricity meter and/or inverter, and/or your desired electrical appliance;

(b)   download the Mobile App; and

(c)   register your Powersensor account through the Mobile App and maintain that account.

1.2   Accuracy of Information

DiUS shall be entitled to rely upon the accuracy of all information provided by you, or by third parties on your behalf, without having to independently verify it. DiUS shall be entitled to rely upon the timely receipt of all such information when committing to timely delivery of the Services.

1.3           Assistance

If, notwithstanding that the Powersensor is designed for self-installation, you require assistance with the installing your Powersensor, please contact the entity you purchased your Powersensor from.

1.4           Downtime and Maintenance

You acknowledge that the Powersensor may experience downtime from time to time including for the purpose of maintenance.

2.       Grant of Rights

2.1           Grant

Subject to these Terms, DiUS grants to you a license for the License Term, which is non-exclusive, non-transferable and without any right to sub-license, to: 

(a)   use the Powersensor;

(b)   access the Services including through the Mobile App; and

(c)   have access to updates, patches and other modifications and enhancements to the Powersensor software,

(the License).

2.2           License Qualification and Restrictions

 You may use the Powersenor only for purposes expressly permitted by DiUS. You may not use Powersenor for any other purpose, including any commercial purpose. You must not:

(a)   attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Powersenor or any component of it;

(b)   use Powersenor for any purpose that is unlawful or prohibited by these Terms;

(c)   mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;

(d)   introduce any virus, worm, Trojan horse, malicious code or other program which may damage computers or other computer based equipment to the Powersenor or to other Users;

(e)   attempt to disrupt or interfere with the Powersenor or the Services;

(f)    use the details of other users for anything other than the use expressly permitted by those users; nor

(g)   sell, redistribute or use information contained in the Powersenor for a commercial purpose without DiUS’ prior written consent.

Your right to continued access to the Mobile App and Services is subject to you providing true and accurate information. You represent to DiUS that all information you provide to us is true and correct and you will promptly notify us of any changes to such information.

 Your Account is for your sole use only and must not be used by any third party. You shall not allow any third party to use your Account (except through the Share Account feature), password, login, or user ID to access or use Powersensor or the Service or Mobile App. You accept responsibility for all activities that occur under your account, user ID, or password and all such use shall be deemed to be authorized by you;

2.3           Verification of Account Information

 We reserve the right to conduct a review, at any time, to validate your account information and/or to ensure that your participation in Powersensor and/or use of the Services does not breach these Terms and/or any applicable law. You authorise us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, you agree to provide sufficient information or documentation as we may request. We reserve the right to terminate the license granted by these terms and your account if you do not provide such information within thirty (30) days of our request, if your responses are incomplete or otherwise insufficient, or if we cannot verify the information applicable to your account.

You acknowledge that we are entitled to detect your Internet access location and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Powersenor or the Services is illegal or restricted.

You must not mask your identity in any way, including without limitation, IP masking or accessing Powersenor over any type of proxy server.

2.4           Proprietary Rights

DiUS owns all present and future intellectual property rights of any nature whatsoever subsisting in all rights with respect to intellectual property defined in Article 2 of the Constitution of July 1967 establishing the World Intellectual Property Organisation, in the Powersensor, including the Mobile App and associated software, and all derivative works of and improvements and enhancements to any of the foregoing created or developed by or on behalf of DiUS.  DiUS shall be entitled, in its absolute discretion to incorporate into the Powersensor product and similar products and services and any and all ideas, enhancements, and/or other information that it acquires through providing the Services and otherwise acquiring your use data through the Powersensor (collectively, Acquired Information), all in accordance with the provision of DiUS’ privacy policy which is available for review here: https://www.powersensor.com.au/privacy-policy. You hereby grant to DiUS a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use the Acquired Information to: (i) exercise its rights and providing the Services, and (ii) continually improving and otherwise developing the Powersensor and the Powersensor platform, service offering and the Software.

You must not decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the executable code supplied under this Agreement or use it to create a derivative work.
2.5           Title

 Except for the rights expressly granted under this Agreement, DiUS retains all right, title, and interest in and to the Powersensor.

2.6           Promotions and Comparisons

 As part of your use of the Powersensor, DiUS shall be entitled, and you authorise DiUS, to offer to you to: (i) provide benchmarking analysis and view comparisons with energy suppliers other than the energy supplier that you use, (ii) participate in promotions from third parties. Any offers or recommendations made through the Powersensor are personal to the end-user and may not be transferred to, or relied upon, by any other person. DiUS is not liable for the performance by any third party introduced to a Powersensor end-user through DiUS Powersensor and hereby disclaims all liability therefor.

3.      Security and Confidentiality of Data

 DiUS shall:

(a)     maintain appropriate administrative, physical, and technical safeguards to protect the security and integrity of the Powersensor and the data that you generate through use of the Powersensor, in accordance with DiUS’ security requirements; and

(b)    protect the confidentiality and privacy of the data that you generate through use of the Powersensor in accordance with the provision of DiUS’ privacy policy which is available for review here: https://www.powersensor.com.au/privacy-policy, and which is incorporated herein by reference.

 4.      Fees

 4.1           Fee for Service following initial Period

DiUS reserves the right to charge subscription fees for the Services that DiUS provides to you after the initial term during which fees for the Services are not payable.

4.2           Payment Terms

You will pay DiUS a monthly Services fee and you will be free to unsubscribe from the Services if you will not want to pay any more.

5.      Warranties, Limitation of Liability and Indemnification  

 5.1           DiUS’ Warranties

 Subject to Section ‎5.2, DiUS represents and warrants that: (i) the Powersensor will materially conform to its specifications, and (ii) the Services will be performed in a professional manner and in accordance with generally acceptable industry standards.

5.2           Limitation on DiUS’ Warranties

 (a)   The warranties set out in Section ‎‎5.1 are the only warranties provided by DiUS concerning the Powersensor and the Services and DiUS hereby disclaims, all other warranties and representations, express or implied, including implied warranties of fitness for a particular purpose, merchantability, non-infringement, interference with enjoyment or otherwise.

(b)   The accuracy of the data generated by the Powersensor will depend on the positioning and placement  of the Device on the Electric Meter / Inverter / Appliance.

(c)   DiUS is not liable to the End-User if any of the information supplied through the Device is incorrect or not up to date.

(d)   The warranties set out in Section ‎‎5.1 do not apply:

(i) to Devices that were damaged by improper maintenance, misuse, accident, neglect, failure to continually provide a suitable storage or operating environment, and/or used in a manner that is reasonably likely to cause degeneration or degradation or installed not in accordance with DiUS’ instructions.

(ii)  where electrical devices do not meet the required specifications for use with the Powersensor, such as a single-phase product variant is used in a single-phase context; or

(iii) changes are made to the electrical switchboard, meters or inverter.

(h)   The warranties set out in Section ‎‎5.1 are applicable only where the Device was purchased from the Powersensor site or through licensed resellers.

(i) The warranties set out in Section ‎‎5.1 do not apply to the extent that the services provided by third party service providers such as telecommunications and/or internet service providers or email service provider interfere with the Services.

5.3           Remedies under the Warranty

To the extent permitted by law, DiUS’ liability for breach of any warranty or condition that cannot be excluded is restricted, at DiUS’ option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of Powersensor or payment of the cost of replacement or repair.

5.4           Limitation of Liability

 Except to the extent prohibited by law and notwithstanding anything to the contrary in this Agreement, DiUS shall not be liable for indirect, incidental, consequential or indirect damages, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the your access to, or use of, or inability to use the Powersensor, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the DiUS knew or should have known of the possibility of such damage, loss, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise and whether or not you shall have been made aware of the possibility of such loss. You agree that you use the Powersensor at your own risk.

You agree to indemnify DiUS for any loss, damage, cost or expense that DiUS may suffer or incur as a result of or in connection with your use of or conduct in connection with the Powersensor, including any breach by you of these Terms.

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability to the End-user shall be limited to the amount paid by the End-user in connection with the Product.

6. Term, Suspension, Renewal and Termination

The term of the Licence and Service shall commence from the time that you setup and register your Powersensor and will continue until 24 months after your purchase or such time as DiUS advises.

The Services can be terminated by either you or DiUS by providing notice at least 90 days before the End Date, whereupon DiUS will no longer provide the Services.

Upon termination, you will cease to have access to the Services.

8. General

 8.1         Assignment

Neither party may assign any of the rights arising from this Agreement without the written permission of the other party, which will not be unreasonably withheld, delayed, or conditioned.  Notwithstanding the foregoing, either party may assign all of its rights and obligations under this Agreement without the other’s prior written approval (i) to a successor-in-interest as a result of a merger or consolidation or in connection with the sale or transfer of all or substantially all of it business or assets to which this Agreement relates, or (ii) to an affiliate.       

8.2           Relationship

The parties intend that nothing in this Agreement constitutes any relationship of employer and employee, principal and agent or partnership between DiUS and you.

8.3           Waiver

Failure by either party to enforce a provision of this Agreement shall not be construed as in any way affecting the enforceability of that provision or of the Agreement as a whole.

8.4           Subcontracting

DiUS reserves the right to subcontract any portion of the Services, and acknowledges that if it exercises this right DiUS shall not be relieved of any of its liabilities or obligations under this Agreement.

8.5           Entire Agreement

The parties have read and understand this Agreement and agree that it constitutes the complete and exclusive statement of the agreement between them.

8.6           Delay out of Party’s Control

Neither party shall be liable for any delay in meeting or failure to meet any of its obligations under this Agreement due to any cause outside its reasonable control.

8.7           Force Majeure

If the performance of this Agreement or any obligation hereunder (other than obligations of payment) is prevented or restricted by reasons beyond the reasonable control of a party including but not limited to computer related attacks, hacking, or acts of terrorism (a “Force Majeure Event”), the party so affected shall be excused from such performance and liability to the extent of such prevention or restriction.

8.8           Governing Law

This Agreement and the parties’ respective performance hereunder will be governed by the laws of the State of Victoria, Australia without regard to its conflicts of laws rules.       

9. Safety Terms and Conditions 

Your safety is important to us, you must understand and prioritise your own safety when self-installing Powersensor. 

Please be aware that electricity meters, meter boards, solar inverters and other electrical appliances when installed correctly by a qualified electrician  are designed to be safe  and  are safe.  Like any electrical appliance in the home they can deteriorate over time.  

If you see anything that may be hazardous DO NOT touch it or attempt to fix it. Instead, please contact us or a qualified electrician.

If you are unsure about any aspect of the installation process, reach out to support@powersensor.com.au 

9.1           Your Personal Saftey Commitment 

Never access electrical wires, behind meter boards, or use tools of any kind. 

The Powersensor sensor should only be mounted on the outside of a conduit or cable that is safe to touch, whether including the meter board or on a hardwired appliance. 

You should only use the Powersensor WiFi-Plug with an indoor 10A General Power Outlet (GPO) and never exceed the device's maximum electrical rating. 

9.2           Checking Your Setup Prior to Installation

DO NOT install Powersensor if you have:

(a) Electrical cables with exposed wires. 

(b) Outer installation that is damaged or frayed in any way. 

(c) An old installation that does not have a RCD safety switch. 

(d) To undertake dangerous circumstances such as excessive height and climbing on rooftops. You should personally avoid any installations of this nature and appoint a qualified professional. 

9.2           The Use of Tools is Prohibited

DO NOT use any tools: 

(a) No screwdriver

(b) No Pliers or wire cutters

(c) No other tools

(d) DO NOT remove the cover or any shielding to access electrical wires or cables. 

9.3           Failure to Comply

Powersensor does not take any responsibility and is not liable for any damage or injury that you may sustain as a result of your failure to fully comply with all safety regulations or our own Powersensor safety instructions, including regulations and instructions relating to the prevention of electrical shock, fire, personal injury, and property damage.

9.3           By installing Powersensor monitor, you thereby:

(a) agree not to modify or alter the Powersensor monitor or its components in any way that could compromise safety or void warranties, and you acknowledge that any such modifications are done at your own risk;

(b) acknowledge that professional installation by a licensed and qualified electrician is recommended to ensure compliance with safety standards and regulations to minimise the risk of accidents or injuries and

(c) release and discharge Powersensor, our officers, directors, employees, and agents from any and all liability for damages, injuries, or losses arising from or related to the installation, use, or maintenance of the Powersensor monitor.

Powersensor does not know the circumstances relating to the installation of the Powersensor monitor in your specific circumstances, and you acknowledge that Powersensor provides no warranty, express or implied, regarding the safety or suitability of the Powersensor monitor for any particular purpose and that the installer assumes all risks associated with its installation and use.

Except to the extent prohibited by law and notwithstanding anything to the contrary in this Agreement, Powersensor shall not be liable for indirect, incidental, consequential or indirect damages, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your installation of, or use of, or inability to use the Powersensor, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Powersensor knew or should have known of the possibility of such damage, loss, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise and whether or not you shall have been made aware of the possibility of such loss. You agree that you will install the Powersensor monitor at your own risk.