These terms of use apply from 1 July, 2026.
These terms and conditions govern your use of the ASX Energy Data Centre service (the “Service”) provided by ASX Operations Pty Limited (“Us”) and any end user subscription access to or use of ASX Energy Data through the Service. The permission for the subscriber of the Service (“You”) to use the ASX Energy Data and the Service is conditional upon You agreeing to the terms and conditions set out below (this “Agreement”).
If, on 1 July 2026, You are not an existing subscriber of the Service, by clicking “Agree to Terms and Subscribe”, you confirm that You have read and agreed to be bound by this Agreement.
If, on 1 July 2026, You are an existing subscriber of the Service and you do not agree to the change to the terms of Service, you may elect to terminate your subscription, in which case these terms and conditions will not apply to you. If you do not terminate your subscription, this Agreement will apply to you on the renewal of your subscription.
1.1. The Service will commence on the date that We will provide You with access to the ASX Energy Data (“Commencement Date”) and will continue until 31 December of that calendar year (“First Subscription Term”).
1.2. Following the First Subscription Term, the Service will continue on a rolling basis for subsequent 12 month subscription terms from 1 January to 31 December of each calendar year (each, a “Subsequent Subscription Term”) unless terminated by you in accordance with clause 11 (Termination and Suspension).
2.1. We agree to provide you with reasonable technical support at no extra cost to you. You may seek technical support by contacting us at the email address on the ASX Energy website.
2.2. We may monitor usage of technical support, and may decline to provide further technical support if we find Your demand to be excessive.
2.3. You agree to not make unreasonable or excessive use of the technical support.
2.4. You may request and We may agree to resupply the Service from time to time under this Agreement. You should make such request promptly in writing, and we reserve the right to charge a fee for such resupply. If we intend to charge a fee for the resupply, we will provide you with an invoice, and will supply the Service to You as soon as reasonably practicable following Your payment of the fee.
3.1. We grant You a non-exclusive, non-transferable licence to use the ASX Energy Data on the following basis:
3.2. You may publish on an ad-hoc basis insubstantial amounts or limited extracts of the ASX Energy Data to third parties in connection with Your ordinary business without prior written authorisation from Us, provided that:
3.3. Except as expressly permitted in this Agreement, You may not sell, sub-license, assign, make available, distribute, display, transmit the ASX Energy Data to any person or otherwise allow another person the right to use the ASX Energy Data without Our prior written consent.
3.4. You are responsible for maintaining the confidentiality of usernames and passwords and all activities that occur under Your usernames, passwords or accounts, including payment of Subscription Fees.
3.5. We shall have the right to request from You no more than once a calendar year a written statement to verify that the access to and the use of the ASX Energy Data is in accordance with this Agreement.
We will provide You with access to any technical documentation, via the ASX Energy Data Centre Service website. We may amend this information with reasonable notice from time to time and will make the updated versions available on the ASX Energy Data Centre Service website.
5.1. We will invoice You the Subscription Fees annually in advance for:
5.2. You must pay the relevant Subscription Fee within 30 days after the date of Our invoice. We may vary any Subscription Fee by providing You with 90 days’ advance written notice on the ASX Energy website. If You do not agree to the fee variation, You may terminate this Agreement by notice to Us within 30 days of receiving notice of such variation, and the termination will be effective on the date that such variation takes effect.
5.3. Without limiting clause 5.2, We may increase the range of licenses applicable to the use or distribution of the ASX Energy Data under this Agreement, which may result in a new Subscription Fee or increase to any existing Subscription Fee, as published by Us on the ASX Energy website.
6.1. If You fail to make a payment under this Agreement on time, the following provisions apply:
7.1. You must pay all existing taxes and duties (including, but not limited to, any hiring arrangement duty, rental business duty, lease duty or other stamp duty), any new taxes and duties (including a goods and services tax or any other value-added taxes), any increases in taxes and duties and any associated penalties payable on or in respect of this Agreement.
7.2. In the event that payment of any amount of the Subscription Fees becomes subject to withholding tax, levy or similar payment obligation on sums due to Us under this Agreement, then such withholding tax amounts shall be borne and paid for by You in addition to the sums due to Us.
7.3. Any amounts payable to Us under or in connection with this Agreement have been determined exclusive of GST. If any supply made by Us to You under or in connection with this Agreement is a taxable supply:
For the purposes of this clause 7.3, words and phrases that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the meaning provided by that Act. However, where the GST law treats a part of a supply as a separate supply for the purpose of working out the GST payable on that supply or determining the time at which GST will be payable on that supply, that part of the supply will be treated as a separate supply for the purposes of this clause 7.3.
8.1. We reserve the right to change the Service including the format, content and/or delivery method of the ASX Energy Data from time to time by giving You 90 days’ advance written notice on the ASX Energy website.
8.2. If any change materially impacts Your ability to use the ASX Energy Data or the Service, You may terminate this Agreement by giving Us notice within 30 days of receiving notice of such change, and the Agreement will terminate with effect from the date the change takes effect.
All Intellectual Property in the ASX Energy Data and related information material provided under this Agreement is and remains owned by the ASX Group or Our third party licensors, as applicable, and except as expressly permitted under this Agreement, You have no rights to the ASX Energy Data, or any related information material.
10.1. Unless otherwise agreed in writing, a party may use Confidential Information of the disclosing party solely for the purposes of performing its obligations and exercising its rights under this Agreement.
10.2. Subject to clause 10.3, each party agrees to keep confidential and not to use or disclose to any other person the Confidential Information of the other party. Each party is liable for all acts or omissions of such persons as if they were acts or omissions of that party.
10.3. Each party may disclose Confidential Information of the other party only on a “need-to-know” and confidential basis:
11.1. Either party may terminate this Agreement if the other party is in breach of a material term of this Agreement and fails to remedy that breach within 30 days’ written notice to remedy.
11.2. If You have not paid the Subscription Fees by the due date and not remedied such non-payment after receiving at least 30 days’ written notice from Us reminding You of the non-payment, We may:
11.3. Either party may terminate this Agreement immediately by written notice to the other party if the other party is adjudicated bankrupt, enters into liquidation or any arrangement or composition with its creditors or if a receiver is appointed to any part of its assets and not discharged within 14 days or if any judgement against the other party remains unsatisfied for more than 7 days.
11.4. We may terminate this Agreement immediately if You are in breach of clause 3 (Use of ASX Energy Data) of this Agreement or any of the “Prohibited uses” described in the Website Terms of Use, and either:
11.5. We may terminate this Agreement immediately if data is being used in a manner that affects technical delivery of data.
11.6. Either party may terminate this Agreement for convenience by giving the other party at least 90 days’ written notice to the other party.
12.1. On any termination of this Agreement for any reason, You shall:
12.2. On termination of this Agreement by You under clause 8.2 (Changes in Service), 11.1 or 11.3 (Termination and Suspension), or where We terminate this Agreement under clause 11.6 (Termination and Suspension), We shall refund any prepaid Subscription Fees pro-rated to reflect the remainder of the then-current Subscription Term. You will not be entitled to any refund where We terminate this Agreement under clauses 11.1, 11.2, 11.3 or 11.4 (Termination and Suspension), or You terminate for convenience under clause 11.6 (Termination and Suspension).
12.3. Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination of this Agreement shall remain in full force and effect including without limitation clauses 7 (Taxes), 9 (Intellectual Property Rights), 12 (Effects of Termination), 13 (Disclaimer), 14 (Liability), 15 (Indemnification), 16.2 (Reports and Audit), 17.3 (Governing law and jurisdiction), 19 (Notices), 20 (Third Party Beneficiaries) and 22 (Definitions).
12.4. Termination of this Agreement for any reason shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.
13.1. All express or implied guarantees, warranties or conditions relating to these terms or their subject matter, not contained in these terms, are excluded from these terms to the maximum extent permitted by law.
13.2. Nothing in this Agreement excludes, restricts or modifies any guarantee, condition warranty, right or remedy implied or imposed by any legislation which cannot lawfully be excluded, restricted or modified (a “Non-Excludable Condition”).
13.3. If a Non-Excludable Condition is implied or imposed in relation to this Agreement or the Service and cannot be excluded, and We are able to limit Your remedy for a breach of the Non-Excludable Condition, then Our liability for breach of the Non-Excludable Condition is limited to one or more of the following at Our option:
14.1. Subject to clause 13 (Disclaimer) and clause 14.2, to the maximum extent permitted by law, no member of the ASX Group will be liable to You or to any third party, whether in contract, tort, under statute or otherwise, including in each case negligence, for:
14.2. Our total aggregate liability, whether in contract, tort (including negligence), statute or otherwise, arising out of or in connection with this Agreement, the Service or any ASX Energy Data in all circumstances is limited to an amount equal to the Subscription Fees paid by You to Us during the 12 month period immediately before the date on which the cause of action first arose.
15.1. You indemnify Us and Our Related Parties against any Loss incurred by or awarded against Us or Our Related Parties arising out of any Claim which any person other than You may bring against any of Us or Our Related Parties where such Claim arose out of or in connection with:
except to the extent that We have caused or contributed to the Loss.
16.1. You will maintain appropriate records and procedures which ensure that the access to and the use of the ASX Energy Data is in accordance with this Agreement.
16.2. You agree that, no more than once per year, We may nominate an employee or agent to inspect relevant records and procedures by giving You 30 days’ notice in writing. You must provide Us with access during regular working hours to Your systems, records, procedures and staff for the purposes of assessing Your compliance with the terms of this Agreement. Prior to conducting an audit, we may separately agree to comply with Your reasonable security/confidentiality requirements. We agree to keep confidential any information gathered by Us as confidential.
17.1. We may amend the terms of this Agreement from time to time by giving You 90 days’ advance written notice on the ASX Energy website. If any amendment causes You substantive disadvantage, You may terminate this Agreement by giving Us notice within 30 days of receiving notice of such change, and the Agreement will terminate with effect from the date the amendment takes effect.
17.2. This Agreement records the entire agreement between the parties relating to the ASX Energy Data and the Service and supersedes all previous arrangements, understandings, representations and agreements, whether written or oral, relating to the ASX Energy Data and the Service.
17.3. This Agreement is governed by the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales in respect of all matters relating to this Agreement.
17.4. Either party may assign or novate its rights and obligations under this Agreement to one of its Related Bodies Corporate by providing written notice to the other party.
17.5. If any provision of this Agreement is or becomes invalid or unenforceable, that provision will be severed from this Agreement. The invalidity or unenforceability of that provision will not affect the other provisions of this Agreement, all of which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the severance of the invalid or unenforceable provision.
17.6. The rights and remedies provided under this Agreement are cumulative and not exclusive of any rights provided by law or any other such right or remedy.
17.7. If part or all of any clause of this Agreement is illegal or unenforceable, it will be severed from this Agreement and will not affect the continued operation of the remaining provisions of this Agreement.
17.8. The failure of a party at any time to insist on performance by the other party of any obligation under this Agreement is not a waiver of its right:
18.1. If a party is wholly or partially unable to perform its obligations because of a Force Majeure Event, then:
18.2. If the delay arising directly out of a Force Majeure Event continues or is likely to continue for more than 60 days, the party not subject to the Force Majeure Event may, by notice to the other party, terminate this Agreement.
18.3. If the Force Majeure Event is triggered by Us and We suspend supply of any ASX Energy Data to You, You will be relieved from Your obligation to pay Subscription Fees until the Force Majeure Event is resolved.
Notices under this Agreement must be given in writing to the notified email or postal address of the other party. Any notice to be given by Us under this Agreement may be given by way of publication on ASX online.
Any provision of this Agreement, including any indemnity or provision excluding or limiting liability, which is expressed to benefit a member of the ASX Group or its Personnel is to be interpreted as benefiting, in addition to benefiting Us, each of those persons and to be enforceable by each of those persons.
We may subcontract the performance of Our obligations under this Agreement or any part of this Agreement without Your consent, provided that We remain liable at all times for the performance of Our obligations under this Agreement.
In this Agreement the following definitions apply:
ASX Group means Us and our Related Parties.
ASX Energy Data means the energy data supplied by Us as part of the Service by means of Our website, FTP or any other method agreed between the parties and further described on the ASX Energy Data Service Centre website.
ASX Energy website means the website operated by the ASX Group from time to time with respect to ASX Energy Data.
Claim means any claim, demand, action or proceeding, whether based in contract, tort (including negligence), statute or otherwise.
Confidential Information means the terms of this Agreement, and information disclosed in connection with this Agreement which by its nature is confidential, is designated as confidential, or which the recipient knows or reasonably ought to know is confidential, but does not include information that is in the public domain without a breach of confidence or breach of this Agreement, is obtained from a third party without an obligation of confidence, is independently developed without breach of this Agreement, and includes in the case of ASX:
Force Majeure Event means any cause beyond the party’s reasonable control including without limitation, acts of terrorism, epidemic, war, fire, flood or other accident, strike, lock outs, delays in transport, material shortages, restrictions or prohibitions of any government or semi-government authority.
Intellectual Property means all intellectual property rights including without limitation copyright, all rights in relation to inventions, patents, registered and unregistered trademarks, registered and unregistered designs, domain names, rights in computer software and databases, rights in semi-conductor or circuit layouts, the right to have confidential information kept confidential, and any application or right to apply for registration of any of the rights referred to herein, whether such rights exist in Australia or anywhere else in the world.
Loss means any and all liabilities, costs, losses, damages, expenses (including legal expenses on a solicitor/client basis), or other outgoings of whatsoever kind and howsoever arising (including negligence) or liability incurred or suffered arising from any Claim, in each case whether such loss is direct, indirect, special or consequential and whether or not You or Us, as the context requires, were advised in advance of the possibility of such loss.
Regulatory Authority means any government or any regulatory, supervisory, governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity, including the Australian Securities and Investments Commission and the Reserve Bank of Australia.
Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth).
Related Party means all employees, officers, contractors and agents of the relevant party, and the employees, officers, contractors and agents of any Related Body Corporate of the relevant party.
Subscription Fees means the applicable subscription fees payable by You for the subscribed Service as published on the ASX Energy website.
We/Us/Our means ASX Operations Pty Ltd.
Version date: 1 July 2026