Synergy Power Up Terms & Conditions

SYNERGY POWER UP PORTAL TERMS AND CONDITIONS

GENERAL

  1. The Synergy Power Up Portal (Portal) is owned and operated by the Electricity Generation and Retail Corporation (trading as Synergy) (ABN 58 673 830 106) (Synergy).
  2. The Portal contains two games "Energy Odyssey" and "Super Charge" (Power Up Games) and a number of energy literacy based quizzes which enable invited residential account holders to progress through the Power Up program by playing both games and completing the energy literacy quizzes.
  3. By accessing and interacting with the Portal including the Power Up Games, you agree to be bound by these terms and conditions (Terms), including those additional terms and conditions and policies referred to and/or available by hyperlink. If you do not agree to all the terms and conditions contained in these Terms, then you may not access the Portal.
  4. The use of the terms “we”, “us” and “our” refer to Synergy.
  5. You can review the most current version of the Terms at any time. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes on the Portal. It is your responsibility to check periodically for changes. Your continued use of or access to the Portal following the posting of any changes constitutes acceptance of those changes.
  6. The Portal is hosted on Microsoft Azure. They provide us with the servers and cloud services that allows us to provide the Portal and ‘Synergy Power Up’ games or service to you.

    7. ELIGIBILITY AND ACCESS TO THE PORTAL

  7. Only Synergy residential account holders who receive an exclusive invitation to participate in Synergy's Power Up program are eligible to access the Portal.
  8. To access the Portal you must accept and comply with these Terms.
  9. Synergy may, in its sole discretion, refuse to authorise access or use of the Portal by an individual.
  10. A breach or violation of any of the Terms will result in an immediate termination of your access to the Portal.

    11. POWER UP GAMES

  11. The Power Up Games are called Energy Odyssey and Super Charge and each provide you with the opportunity to earn points to level up your Power Up account.
  12. To level up you must play both Energy Odyssey and Super Charge and complete the challenges to earn points and complete the levels within the rules and game logic of each of the Power Up Games.
  13. To play Energy Odyssey, you must earn energy odyssey points by controlling your character and navigating through each game level, solving puzzles and defeating enemies.
  14. To play Super Charge, you must earn super charge points by avoiding obstacles and collecting "power-ups" to reach milestones within the game.
  15. Points earned within both Energy Odyssey and Super Charge (energy odyssey points and super charge points) do not translate equally to points in your Power Up account which allow you to level up and progress through the Power Up program.
  16. You are able to earn and claim a $10 gift card (Incentive) when you progress through the Power Up program and complete level 10. The Incentive will be distributed electronically to the email associated with your Power Up profile. You will have the ability to earn a maximum of one Incentive. Incentives have terms and conditions governing their use and can only be redeemed in accordance with their terms of use.
  17. Incentives are issued in Synergy's sole discretion. Incentives must be taken “as offered” and cannot be varied, extended, transferred, exchanged or redeemed as an upfront credit. Incentives may be subject to additional terms and conditions from the supplier which will be notified when claimed. If there is any expiry date by which the Incentive must be used then Synergy will not be responsible if the Incentive expires as a result of not being used prior to that expiry date.
  18. You must not employ any viruses, worms, programs or intrusive methods to change or view these rules or logic to gather points.
  19. Synergy will be able to terminate your access to the Portal, or reverse any points or cancel any unclaimed Incentives if Synergy considers that you have gained points outside the rules and game logic set within the Power Up Games and Portal.

    20. MODIFICATIONS

  20. We reserve the right at any time to modify or discontinue the Portal (or any part or content thereof) without notice at any time.
  21. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Portal.
  22. We reserve the right at any time to modify the Power Up games rules, logic, game types, levels, incentives or point value associated with in-game actions.

    23. THIRD PARTY LINKS AND TOOLS

  23. Certain content, products, integrations and services available via our Portal and Power Up Games may include materials from third-parties. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
  24. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
  25. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
  26. We may also, in the future, offer new services and/or features through the Portal (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
  27. Links within the Portal and Power Up Games may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
  28. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

    29. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

  29. If, at our request, you send certain specific submissions (for example contest entries or feedback) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence or to respond to any comments.
  30. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
  31. You agree that your comments, feedback or username will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Portal, Power Up Games or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

    32. INFORMATION AND PRIVACY

  32. Synergy will collect, hold, use and disclose any personal information collected or required in relation to your use of the Portal in accordance with Synergy's Privacy Policy other than set out in paragraph 33 and 34 of these Terms.
  33. We use the information that we collect through the Portal to fulfil any optimisation to the website and the Power Up Games and communicate with you in relation to:
    1. Changes and updates made to the Portal;
    2. Changes you have made to your Portal account; and
    3. Updates on your progression and achievements in the Power Up Games.
  34. In addition, we use user information to optimise and to modify the Portal and the Power Up Games to provide you with a better experience. This may include, but is not limited to, adding new levels, changing difficulty, changing points earned, changing achievements and changing

    35. PROHIBITED USES

  35. You must not use the Portal:
    1. to access, transmit, publish or communicate material which:
      1. is false, inaccurate, defamatory, offensive, inflammatory or obscene;
      2. contains a virus or other harmful code that will or may be used in any way that will affect the functionality or operation of the Portal, Power Up Games or of any related website, other websites, or the Internet;
      3. is racist, threatening, abusive, harassing or hateful;
      4. is illegal;
      5. infringes copyright;
      6. references a competitor of Synergy; or
      7. contains links to other sites that contain the information referred to in paragraphs (i) to (vi);
    2. in a way which would breach these Terms;
    3. to collect or track the personal information of others;
    4. in any way that may cause reputational damage to Synergy or cause negative exposure to Synergy, its customers or other users of the Portal;
    5. to interfere with or circumvent the security features of the Portal or any related website, other websites, or the Internet. or
    6. in any way that may cause Synergy or other users of the Portal to incur liability to any other party.

    SUSPENSION AND TERMINATION OF PORTAL ACCESS

  36. Where Synergy considers in its sole discretion that these Terms are not being complied with, Synergy may suspend access to, or terminate your access or use of the Portal.

    37. PORTAL AVAILABILITY AND ACCESS

  37. Synergy will use reasonable endeavours to make the Portal available at all times. However, the availability of the Portal depends on various third party entities, and accordingly, Synergy does not warrant or guarantee:
    1. that you will be able to use the Portal at any time; or
    2. that your use of the Portal will be uninterrupted, secure or error-free.
  38. You acknowledge and agree that the Portal may not be available from time to time, and that you may be disconnected from or denied access to the Portal at any time for any reason, including without limitation if:
    1. any network connection difficulties occur;
    2. the systems providing those services are unavailable for any reason (including so that maintenance can be performed); or
    3. a breach of any of these Terms.
  39. Synergy makes no guarantee as to the reliability or other performance of the Portal. The performance of the Portal depends on various factors, including without limitation the functions, capacity and configuration of hardware interacting with the Portal, the speed of the internet connection, and the number of users accessing the systems which support the Portal.

    40. LIABILITY

  40. You acknowledge and agrees that access to, and use of, the Portal is at your own risk. The service and all products and services delivered to you through the Portal are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions.
  41. Synergy will not be liable for any loss, expense, damage or injury arising from or in connection with your use of the Portal, including any loss of opportunity, loss of profits, revenue, goodwill, savings, data, or expectation, or any and all indirect or consequential losses.
  42. You expressly agree that your use of, or inability to use, the Portal is at your sole risk. The Portal and all products and services delivered to you through the Portal are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions.
  43. You agree to hold harmless, defend and indemnify Synergy from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to your use of the Portal or any breach of these Terms.
  44. Synergy accepts no responsibility for any late, lost, incomplete, misdirected, incorrectly submitted, delayed or ineligible claims or correspondence whether due to error, omission, alteration, tampering, theft, deletion, destruction, transmission, interruption, communications failure or otherwise. Synergy has no control over the postal system, internet, telecommunications networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.

    45. CHANGES TO THE PORTAL

  45. Synergy reserves the right to:
    1. suspend use of, or withdraw, the Portal and/or any of its features or components; and
    2. add to, amend, remove, or disable access to, any part of the Portal without notice.

    MISCELLANEOUS

  46. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
  47. These Terms are governed by the laws of Western Australia.
Back to top
Synergy acknowledges the Traditional Custodians throughout Western Australia and their continuing connection to the land, water and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders past, present and emerging.