RED ENERGY REWARDS® PROGRAM OFFER TERMS AND CONDITIONS (VICTORIA & NEW SOUTH WALES) AS AT 30 September 2019

This replaces the Red Energy Rewards® Program Offer, which was withdrawn on 29 September 2019

 

1. RED ENERGY REWARDS® OFFER

  1. Subject to these Terms and Conditions, this Offer is made by Red Energy from 30 September 2019 and is ongoing until it is withdrawn under clause 7(1)(a)(i) (Offer Period).
  2. The Promoter is responsible for the administration and operation of the Red Energy Rewards® Program on our behalf.
  3. For all enquiries associated with the administration and operation of the Red Energy Rewards® Program, please contact the Promoter’s customer service centre during business hours (AEST) by telephone or in writing:
    1. Phone: 1800 008 553; or
    2. Email:   onlineservice@entertainmentbook.com.au

2. ELIGIBILITY

  1. The Offer is available to all new and existing customers of ours in eligible areas NSW and VIC who sign up their electricity supply with us on a Living Energy Saver plan during the Offer Period
(Energy Agreement), and who do not subsequently terminate that Energy Agreement with us during the Cooling-Off Period and we are, or become, responsible for their electricity supply (Eligible Customer).

3. ACCESSING THE RED ENERGY REWARDS® PROGRAM

  1. An Eligible Customer will be provided with information on how to access and register for the Red Energy Rewards® Program via the Website and the Mobile App in their Welcome Pack.
  2. An Eligible Customer who completes the registration process for the Red Energy Rewards® Program via the Website (which includes the acceptance of these Terms and Conditions and the Promoter’s Terms of Use), they will become a ‘Member’ of the Red Energy Rewards® Program.  
  3. We may terminate a Member’s membership of the Red Energy Rewards® Program if the Member does not comply with these Terms and Conditions, any Offer Terms or the Promoter’s Terms of Use.
  4. A Member’s membership in the Red Energy Rewards® Program automatically ends if:
    1. the Member is no longer a customer of ours, including where the Member’s Energy Agreement is terminated for any reason;
    2. the Member is no longer on  an eligible product with us (eligible products are described in clauses 2(1) and 2(2)) or switches to another retailer; or
    3. we withdraw the Offer (which for the avoidance of doubt, includes withdrawing the Red Energy® Program) under clause 7(1)(a)(I). If we withdraw the Offer under clause 7(1)(a)(I)‚Äč, we will provide you with notice of such withdrawal in accordance with the applicable energy regulations and also place a notice on our website www.redenergy.com.au, the Website and the Mobile App.
  5. Notwithstanding clause 3(1), if we cannot offer the Red Energy Rewards® Program (or any part of the Red Energy Rewards® Program), we will contact Eligible Customers and Members and offer a reasonably comparable substitute.

4. CHANGES TO BENEFITS

  1. All Benefits available from the Red Energy Rewards® Program are accessible via the Website and/or Mobile App. The Benefits are subject to availability and to the Offer Terms. If there is any inconsistency between the Offer Terms, these Terms and Conditions and the Promoter’s Terms of Use, the Offer Terms will prevail.
  2. Much of the information on the Website and the Mobile App is provided by Participating Partners. Whilst the Promoter believes that Participating Partners are reliable sources of this information, we will not be responsible for the accuracy or currency of such information.
  3. Participating Partners may change, modify, withdraw or cancel their respective Benefits from the Red Energy Rewards® Program at any time. We will, through the Promoter, endeavor to provide you with as much notice as possible via the Website or Mobile App of any change but we will not be liable to any person for failure to provide such notice.

5. USE OF THE RED ENERGY REWARDS® PROGRAM

  1. By becoming a Member of the Red Energy Rewards® Program a Member agrees to comply with, and be bound by these Terms and Conditions, the Promoter’s Terms of Use and the Offer Terms.
  2. A Member may not use the Red Energy Rewards® Program for any purpose that is unlawful or prohibited by these Terms and Conditions or the Promoter’s Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of us, the Promoter or others.
  3. The Red Energy Rewards® Program is non-transferable and cannot be redeemed for cash.
  4. A Member acknowledges and agrees that:
    1. the methods for purchasing a Participating Retailer’s goods and/or services is determined by that Participating Retailer in its sole and absolute discretion;
    2. it is responsible and liable for the payment of any and all postage, delivery, transport and other associated charges that in any way relates to the purchase of goods and/or services from Participating Retailers as part of the Red Energy Rewards® Program; and
    3. that we are not a party to any transaction you make with a Participating Partner arising out of your acceptance of any related Offer Terms or Benefit, and will not be responsible for or liable in any way in relation to that transaction or Benefit.
  5. We may refer you to third party websites on the Website and/or Mobile App. We have no influence on the design and content of those third party websites. We or the Promoter will not be liable for the contents of any linked pages of third parties to the Website.

6. PRIVACY

We collect information from Members when Eligible Customers becomes Members and/or use the Website or Mobile App such as a Member’s name, email, Red Energy customer number and program usage (including but not limited to, usage history, buying history (including but not limited to, purchases, total amount ($) spend and total amount ($) saved)), opinions, product preferences, products viewed and other usage history. This information will be used for the purposes of providing Members with the full range of services available through the Website and Mobile App under the Red Energy Rewards® Program, to manage our relationship and Member’s information with the Promoter and to use Member's information for complaint handling purposes, auditing purposes, research purposes, product development, to develop target marketing which we think may be of interest to Members and/or to retain a Member as a customer of ours. The Promoter will provide us with information it collects from the Website and Mobile App (as stated above), so that we can use that information for the purposes stated in this clause 6. We are committed to protecting Members’ privacy and their personal information in accordance with the Privacy Act 1988 (Cth), including the Australian Privacy Principles. For further information, please phone us on 131 806 or to receive a copy of our privacy policy (which is also available at www.redenergy.com.au/privacy). Our privacy policy also sets out details on disclosures we may make to our related companies, service providers, government and regulatory authorities and professional advisers, how you may access and correct your personal information, and how complaints may be made and will be handled.

7. MISCELLANEOUS

  1. Notwithstanding any other provision in these Terms and Conditions:
    1. we may:
      1. suspend or withdraw all or any part of this Offer for any reason and at any time; and/or
      2. vary the terms or content of all or any part of this Offer, including (without limitation) any time or date in this Offer and these Terms and Conditions; and
    2. to the extent permitted by law, we will not be liable to any person for any cost, loss, damage, liability, expense or claim arising, whether directly or indirectly, in connection with the Offer, including the Red Energy Rewards® Program or the Website.
  2. If we suspend, withdraw or vary these terms and conditions under clause 7(1)(a)(i), we will promptly publish such suspension, withdrawal or variation on our website (at https://www.redenergy.com.au/terms-and-conditions/], the Website, the Mobile App and notify impacted customers where required under these Terms and Conditions. We reserve the right to keep public copies of expired offers in relation to the Red Energy Rewards® Program on the website as reference for customers who may continue to be on the offers.
  3. If any term or clause of these Terms and Conditions is or becomes invalid, or unenforceable, then the other terms will remain valid and in effect.
  4. Nothing in these Terms and Conditions is intended to create a partnership, joint venture or agency relationship between us, the Promoter or any Participating Partner.
  5. The law applying in the State or Territory in which the Member’s supply address is located applies to this Offer and these Terms and Conditions.

8. DEFINITIONS

          In these terms and conditions:
  1. Benefit means discounts, special offers and other benefits provided by Participating Partner to the Promoter for the benefit and use of Members;
  2. Cooling-Off Period means 10 Business Days from the day an Eligible Customer receives a copy of their Energy Agreement, or (if applicable) within such longer period as prescribed the Australian Consumer Law;
  3. Eligible Customer has the meaning given to that term in clause 2;
  4. Launch Date means 20 September 2019;
  5. Member means the customers, or employees of ours who are entitled to a Membership;
  6. Mobile App means the Mobile App published by EPA, which provides access to the Membership Benefits, information in relation to the App Membership and contains the mechanism for redemption of eVouchers and Promotional Offers;
  7. Offer means this Red Energy Rewards® Program offered by Red;
  8. Offer Period is defined in clause 1(1);
  9. Offer Terms means any terms and conditions specified on the Website or Participating Partner website in relation to a specific Benefit;
  10. Participating Partner means a supplier of Benefits that are made available to Members via the Red Energy Rewards® Program in respect of which various discounts, special offers and other benefits may be claimed by Members subject to any conditions determined by those retailers;
  11. Promoter means Entertainment Publications Australia Pty Limited ABN 85 065 011 903 of 55 Herbert Street, Artarmon NSW 2064;
  12. Promoter’s Terms of Use means the Promoter’s terms of use applicable to Members’ use of the Website and/or the Mobile App, including the Promoter’s Website and Mobile App terms of use, privacy collection statements and policies, as provided on the Website and Mobile App;
  13. Red Energy Rewards® Program means the shopping program that allows Members to obtain Benefits by shopping with Participating Partners through the Website and the Mobile App;
  14. Red or we or our or us means Red Energy Pty Limited ABN 60 107 479 382 of 570 Church Street, Cremorne, Victoria, 3121;
  15. Terms and Conditions means these terms and conditions in respect of the Red Energy Rewards® Program;
  16. Website means the Red Energy Rewards® Program website hosted, operated and maintained by the Promoter for the benefit of us which can be accessed via https://redenergy.frequentvalues.com.au/; and
  17. Welcome Pack means the letter and accompanying information issued by us to an Eligible Customer:
    1. if the Eligible Customer is a new customer of ours, confirming that we are now responsible for the electricity retail services to the premises under their Energy Agreement; or
    2. if the Eligible Customer is an existing customer of ours, confirming their new Energy Agreement us.