From time to time, Hanwha Energy Retail Australia Pty Ltd ABN 82 630 397 214 trading as Nectr (Nectr) may invite you to participate in the Nectr New Energy Referral Program (the Referral Program).
Successful participation in the Referral Program (by recommending another person – the Referee – to Nectr who has agreed to be contacted for a New Energy product quote, signs up to a New Energy plan and has their energy account transferred to Nectr) will provide a reward to you (the Referrer). The reward is a $500 bill credit on your next bill. The Referral Program is subject to the terms and conditions below.
The Referral Program is only open to Nectr customers who meet all of the following requirements:
(together, the Territory Network Area).
For the avoidance of doubt, details of the Ausgrid network area can be found here, details of the Endeavour Energy network area can be found here, details of the Essential Energy network area can be found here, details of the Energex network area can be found here, details for the Essential Energy network area can be found here, details of the SA Power Networks network area can be found here , the details of the Evoenergy network area can be found here, the Jemena Power network can be found here, the CitiPower network area can be found here, the United Energy network area can be found here, the AusNet network area can be found here and the Powercor network area can be found here.
To participate as a Referrer and be eligible for a reward, you must have sought approval from the Referee to have their details passed on to Nectr and the Referee must meet the Referee Eligibility criteria below.
To participate as a Referee, you must:
A Referrer may share eligible Referee contact details with Nectr, but only from friends who have agreed to be contacted by Nectr (including by telephone). A Referral will only be accepted if submitted via the referral form. Nectr will contact the Referee between 9am and 6pm on weekdays, or 9am and 5pm on Saturdays. Nectr will not call on Sundays or public holidays.
For the Referrer to receive a reward (a Referral Reward):
You must only refer friends who are aged 18 or over, meet the Referee Eligibility criteria stated above (to the best of your knowledge) and who have given their implied or express consent to be contacted by Nectr (including by telephone). You must not email or text anyone about this Referral Program unless they have given their implied or express consent to receive the email or text from you. You must not publish or advertise the Referral Program or share it with anyone except as expressly permitted by this clause.
You may begin referring friends as soon as your New Energy system is installed at your premises.
For the avoidance of doubt, referrals not made directly via the referral form cannot be claimed retrospectively and therefore are not eligible for a reward.
There is no limit to the number of friends you can refer. However, there is a limit of 1 Referral Reward that may be earned per Referrer, per calendar month. If you earn multiple Referral Rewards, they will be credited to your Nectr account and applied to your next bill. Any remaining credit on your Nectr account will be carried over and applied to subsequent bills until the credit is used up.
A Referee may only be referred by one Nectr New Energy customer under this Referral Program. If Nectr receives multiple recommendations for a Referee, a Referral Reward will only be applied to the Referrer whose recommendation meets the requirements of the Referral Program and is received first by Nectr.
In no circumstance will any part of a Referral Reward be paid to you in cash. If you still have any Referral Reward credit balance on your Nectr account when your contract with Nectr ends, you will forfeit that credit balance.
Nothing in these terms and conditions restricts, excludes or modifies any consumer rights that consumers may have under any statute including the Competition and Consumer Act 2010 (Cth).
Except for any conditions, warranties and representations expressly stated in these terms and conditions, to the extent permitted by law Nectr excludes all conditions, warranties and representations under or in connection with the Referral Program and these terms and conditions.
To the extent permitted by law, Nectr’s liability for breach of any condition, warranty or guarantee imposed by statute that cannot be excluded and your sole and exclusive remedy in relation to such breach will be limited to (at Nectr’s election):
Nectr’s total aggregate liability to you in respect of any claim, loss, damage, expense or liability arising under or in connection with the Referral Program or these terms and conditions (including in negligence), except for any liability Nectr has to you in relation to any Referral Rewards properly earned by you under these terms and conditions, will not exceed $500.
Nectr’s liability to you under or in connection with the Referral Program or these terms and conditions (including in negligence), except for any liability Nectr has to you in relation to any Referral Rewards properly earned by you under these terms and conditions, will be reduced by the extent, if any, to which you contributed to that liability.
You are responsible for your own costs associated with participating in the Referral Program. If you participate using (in relation to yourself) multiple email addresses, phone numbers or names, you may be disqualified from further participation.
Nectr may, at any time, require you to produce documentation to establish to Nectr’s satisfaction your eligibility to participate in the Referral Program (for example, documentation establishing your identity, age, place of residence and ownership of residence). Failure by Nectr to enforce any of its rights at any stage does not waive those rights.
Nectr may exclude or suspend you from the Referral Program or from receiving benefits under the Referral Program if you:
Nectr is not liable for referrals or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted (other than due to Nectr’s negligence), nor if the Referral Program cannot run as planned for any reason beyond Nectr’s control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure.
Referral Rewards cannot be transferred or exchanged. The Referral Rewards include any applicable GST.
Any reference to $ or dollars in connection with the Referral Program is to Australian dollars.
Nectr is not responsible for any tax implications arising from you receiving a Referral Reward. You should seek independent financial advice. If for GST purposes this Referral Program results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
Nectr may amend these terms and conditions from time to time, provided that the amendments do not cause unreasonable financial or other detriment to customers. The amended terms and conditions will apply from the time they are posted on the Nectr website or otherwise notified to customers.
Nectr may terminate the Referral Program by notifying customers on the Nectr website or otherwise, provided that Nectr provides sufficient notice so that the termination does not cause unreasonable financial or other detriment to customers.
These terms and conditions are governed by the laws of New South Wales.
This version of these terms and conditions is dated 19th December 2022.