Please read these Terms of Use carefully before accessing or using our website or services. By continuing to use this website or engaging Procuvia Energy Pty Ltd, you agree to be bound by these terms in their entirety. If you do not agree, please discontinue use immediately.
01 — Acceptance of Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "Client", or "you") and Procuvia Energy Pty Ltd (ACN 697 659 779) ("Procuvia Energy", "we", "us", or "our"), governing your access to and use of the website located at procuviaenergy.com.au (the "Site") and all associated services, content, and functionality offered by Procuvia Energy.
By accessing the Site, submitting an enquiry, or engaging our services in any capacity, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms applicable to specific services. These Terms apply to all visitors, clients, and authorised representatives of organisations engaging with Procuvia Energy.
These Terms are subject to change at any time. We will notify users of material amendments by updating the effective date. Continued use following any update constitutes your acceptance of the revised Terms.
02 — Our Services
Procuvia Energy provides independent energy procurement, contract management, market intelligence, and multi-site energy advisory services to Australian business clients. Our services include, but are not limited to:
Procuvia Energy acts as an independent energy consultant and does not hold a retail energy licence. We do not supply electricity or gas directly and are not a party to energy supply contracts entered into between clients and retailers. Our role is to advise, negotiate, and manage procurement outcomes on your behalf.
Important: Advice provided by Procuvia Energy is general in nature and based on the information available at the time of engagement. Energy market conditions are dynamic, and past savings outcomes do not guarantee future results.
03 — Eligibility & Authority
Our services are intended exclusively for Australian business entities, including companies, partnerships, trusts, and sole traders operating with an active ABN. By engaging Procuvia Energy, you represent and warrant that:
Procuvia Energy reserves the right to decline, suspend, or terminate services to any person or entity that fails to satisfy these eligibility requirements.
04 — Client Obligations
To enable Procuvia Energy to deliver effective procurement outcomes, you agree to fulfil the following obligations throughout the engagement:
While Procuvia Energy provides analysis and recommendations, all final procurement decisions remain yours. You acknowledge that you are responsible for reviewing and approving any contracts or agreements before execution, and that Procuvia Energy's role is advisory and facilitative.
05 — Intellectual Property
All content published on this Site — including but not limited to text, graphics, logos, brand assets, rate comparison methodologies, tender templates, market reports, and analytical frameworks — is the exclusive intellectual property of Procuvia Energy Pty Ltd or its licensed content providers, and is protected by Australian and international copyright law.
You are granted a limited, non-exclusive, non-transferable licence to access and use the Site for its intended purpose. This licence does not permit:
Any client-facing deliverables — including rate comparison reports, market briefings, and procurement recommendations — prepared by Procuvia Energy remain our intellectual property until full payment of applicable fees has been received, at which point a non-exclusive licence to use such deliverables for internal business purposes is granted to the client.
06 — Limitation of Liability & Disclaimer
To the maximum extent permitted by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and other applicable legislation, Procuvia Energy makes no warranty — express or implied — regarding the accuracy, completeness, reliability, or fitness for purpose of any information, advice, or recommendations provided through our services or published on this Site.
Procuvia Energy expressly excludes liability for:
Where liability cannot be excluded at law, Procuvia Energy's total aggregate liability to you for any claim arising from or related to our services is limited to the total fees paid by you to Procuvia Energy in the 12-month period immediately preceding the event giving rise to the claim.
Nothing in these Terms limits or excludes any rights you may have under the Australian Consumer Law, including consumer guarantees that cannot be waived by contract.
07 — Indemnification
You agree to indemnify, defend, and hold harmless Procuvia Energy Pty Ltd and its officers, directors, employees, agents, and contractors from and against any claims, liabilities, losses, damages, costs (including reasonable legal fees), and expenses arising out of or in connection with:
08 — Confidentiality
Both parties acknowledge that in the course of an engagement, each may have access to confidential information belonging to the other, including energy consumption data, commercial terms, business strategies, pricing, supplier relationships, and internal processes ("Confidential Information").
Each party agrees to:
These obligations survive termination of any engagement or agreement between the parties for a period of three (3) years. They do not apply to information that becomes publicly available through no breach of this clause, or that is independently developed without reference to Confidential Information.
09 — Third-Party Links & Services
This Site may contain hyperlinks to third-party websites, including energy retailers, industry bodies, government agencies, and metering service providers. These links are provided for information and convenience only. Procuvia Energy does not endorse, control, or accept responsibility for the content, privacy practices, or security of any linked third-party site.
Your access to and use of any third-party site is entirely at your own risk and subject to the terms and conditions of that site. We encourage you to review the privacy policies and terms of use of any external sites you visit.
Where Procuvia Energy engages third-party service providers to support service delivery — including cloud platforms, CRM systems, and analytics tools — such providers are selected for their compliance with Australian data handling standards and are bound by appropriate data processing agreements.
10 — Termination
Procuvia Energy reserves the right, at its sole discretion, to suspend or terminate your access to the Site or our services, with or without notice, in the event that:
Termination does not affect any rights or obligations that accrued prior to the effective date of termination. Clauses relating to intellectual property, confidentiality, liability, indemnity, and governing law survive termination indefinitely.
You may discontinue use of the Site at any time. Termination of a client engagement is governed by the terms of your specific service agreement with Procuvia Energy.
11 — Dispute Resolution
Procuvia Energy is committed to resolving disputes promptly, fairly, and without unnecessary escalation. In the event of a dispute arising from or in connection with these Terms or any engagement with Procuvia Energy, the following process applies:
The party raising the dispute must notify the other in writing, setting out the nature of the dispute and the outcome sought. Both parties must make a genuine good-faith effort to resolve the matter through direct negotiation within 15 business days of the notice being received.
If direct negotiation fails to resolve the dispute, either party may refer the matter to mediation administered by the Resolution Institute (or a mutually agreed mediator) in accordance with the Resolution Institute Mediation Rules. The costs of mediation are shared equally unless otherwise agreed.
If mediation does not resolve the dispute within 30 days of appointment of a mediator (or such extended period as both parties agree), either party may seek resolution through the courts of Victoria, Australia.
Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction where necessary to protect confidential information, intellectual property, or other urgent interests.
12 — Governing Law
These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles. Both parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria, and the Federal Court of Australia, for the resolution of any dispute that cannot be resolved through the process set out in Clause 11.
Where applicable, these Terms are also subject to the operation of the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, the National Energy Retail Law, and any other federal or state legislation governing energy markets and consumer protection in Australia.
13 — General Provisions
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remainder of these Terms, which shall continue in full force and effect.
These Terms, together with the Privacy Policy and any applicable service-specific agreements, constitute the entire agreement between you and Procuvia Energy in respect of the subject matter herein and supersede all prior representations, understandings, or agreements, whether written or oral.
Failure by Procuvia Energy to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be expressly granted in writing by an authorised representative of Procuvia Energy.
You may not assign, transfer, or sub-licence any rights or obligations under these Terms without prior written consent from Procuvia Energy. Procuvia Energy may assign its rights and obligations to a related entity or successor in the ordinary course of business without your consent, provided that the level of service to you is not materially diminished.
Procuvia Energy will not be liable for any failure or delay in performing its obligations where such failure arises from causes beyond its reasonable control, including but not limited to natural disasters, government actions, energy market disruptions, cyber incidents, or other force majeure events. We will notify you promptly of any such event and take reasonable steps to minimise the impact on your services.
14 — Contact
For any questions, concerns, or formal notices relating to these Terms of Use, please direct correspondence to Procuvia Energy's legal and compliance team using the details below. All formal legal notices must be submitted in writing and addressed to the attention of the Company Secretary.