Nectr Refer a Friend Program Terms and Conditions

Terms and conditions

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 Refer a Friend Program (the  Refer a Friend Program).

Successful participation in the Refer a Friend Program (by successfully encouraging another person to sign up via a referral link) will provide a reward to you (the Referrer) and the person you referred to Nectr (the Friend).

By sharing your referral link or by making an application to Nectr via a referral link, you agree to be bound by these terms and conditions.

Eligibility

1. The Refer a Friend Program is only open to Australian residents aged 18 or over whose premises are located within the Territory Network Area
2. The energy networks participating in this Refer a Friend Program are:

• the Ausgrid network area;
• the Endeavour Energy network area;
• the Essential Energy network area;
• the Energex Network area;
• the SA Power Network;
• the Evoenergy Network area;
• the Jemena Power network area;
• the CitiPower network area;
• the United Energy network area;
• the AustNet network area; and
• the PowerCor network area,

(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 of the SA Power Networks network area can be found here and 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.

3. To participate as a Referrer, you must be a current customer of Nectr (Nectr BNPL Solar, Battery, Solar + Battery bundles and Nectr Home Solar and Battery products are excluded) and have received an invitation to participate from Nectr, containing a link to share with your friends within the Territory Network Area.
4. To participate as a Friend, you must never before have held an energy account with Nectr. For the avoidance of doubt, if you have more than one property or are moving from one residence to another, you cannot refer yourself.

Referral Reward

5. For the Referrer and a Friend to receive a reward (a Referral Reward):

• a Referrer must, after receiving an invitation from Nectr, share their referral link with one or more Friends; and 
• a Friend must, after receiving the referral link from the Referrer and while the Refer a Friend Program remains in effect, sign up using the application accessible via the referral link, sign up and transfer their energy account to Nectr. 

6. Once the Referrer and their Friend have each received their first Nectr energy bills, the Friend will receive a one-off monetary credit of $50 (Referral Reward) to be applied to their next Nectr bill. (For the Friend, their next bill will most likely be their second bill.)
7. To be eligible to receive a Referral Reward, the Referrer must have paid their first Nectr bill in full and by the due date.
8. Once eligible, the Referrer will receive a Referral Reward to be applied to their next Nectr bill once their Friend has received their first bill.
9. You must only share your referral link with friends who are aged 18 or over and who have given their implied or express consent to receive the referral invitation from you. You must not email or text anyone about this Refer a Friend Program unless they have given their implied or express consent to receive the email or text from you. You must not publish or advertise your referral link, or disclose your link through the use of a public forum, or share it with anyone except as expressly permitted by this clause.
10. If Nectr has any reason to believe that your referral link is compromised, Nectr may invalidate your referral link and may elect to issue you with a new one.
11. You may begin referring friends as soon as you become a Nectr customer.
12. For the avoidance of doubt, referrals not made directly through a referral link cannot be claimed retrospectively and therefore are not eligible for a reward. Referrals via third party websites are not eligible for a reward.
13. A Friend may only accept one referral under this Refer a Friend Program. If you receive multiple referral invitations, a Referral Reward will only be applied to the Referrer whose invitation you accept (subject to that Referrer’s eligibility).
14. 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.
15. There is a limit on the Referrer of four (4) referrals for every month. This means that the Referrer will only be rewarded for a maximum of 4 Friends per month, based on when the Referral Reward is paid to the Referrer.

Liability

16. 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).
17. 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 Refer a Friend Program and these terms and conditions.
18. 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):

• supplying the relevant services again; or
• paying the cost of having the services supplied again.

19. Nectr’s total aggregate liability to you in respect of any claim, loss, damage, expense or liability arising under or in connection with the Refer a Friend Program or these terms and conditions (including in negligence) will not exceed $1,000.
20. Nectr’s liability under or in connection with the Refer a Friend Program or these terms and conditions (including in negligence) will be reduced by the extent, if any, to which you contributed to that liability.

General

21. You are responsible for your own costs associated with participating in the Refer a Friend Program. If you participate using multiple email addresses, phone numbers or names, you may be disqualified from further participation.
22. Nectr may, at any time, require you to produce documentation to establish to Nectr’s satisfaction your eligibility to participate in the Refer a Friend Program (for example, documentation establishing your identity, age and place of residence). Failure by Nectr to enforce any of its rights at any stage does not waive those rights.
23. Nectr may exclude or suspend you from the Refer a Friend Program or from receiving benefits under the Refer a Friend Program if you:

• breach these terms and conditions;
• engage in any conduct that may jeopardise the fair and proper conduct of the Refer a Friend Program;
• act in a disruptive, annoying, threatening, abusive or harassing manner;
• do anything that may diminish the good name or reputation of Nectr or any of its related entities or contractors;
• breach any law in connection with the Refer a Friend Program or your participation in the program; or
• behave in a way that is otherwise inappropriate.

24. 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 Refer a Friend 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.
25. Referral Rewards cannot be transferred or exchanged. The Referral Rewards include any applicable GST.
26. Any reference to $ or dollars in connection with the Refer a Friend Program is to Australian dollars.
27. 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 Refer a Friend 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.
28. 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.
29. Nectr may terminate the Refer a Friend 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.
30. These terms and conditions are governed by the laws of New South Wales.
31. This version of these terms and conditions is dated 01 July 2020.