As at [DATE]                                                                        

Subject to these Terms and Conditions, this “Family & Friends” campaign (Campaign) is made by IPower Pty Ltd (ACN 111 267 228) and IPower 2 Pty Ltd (ABN 24 070 374 293), trading as ENGIE ABN 67 269 241 237 (ENGIE).

1. Sending electronic messages to people without permission is considered SPAM. ENGIE strongly discourages spamming and any contravention of the Spam Act 2003 (Cth).  Referring Customers acknowledge and agree that:

• they will only provide details as required in clause 5), of individuals that they know personally as either a family member or friend, in a close relationship;  
• any Referred Customer they have referred, has already given clear consent for the Referred Customer to send them communications for the purposes of participating in this Campaign;
• a Referring Customer may only refer a maximum of twenty-five (25) Referred Customers;
• they indemnify and hold harmless ENGIE against any claim, cost, damage, expense, loss and liability (including any reasonable legal fees and expenses) that may be incurred or sustained by any breach of this Agreement, with particular emphasis on this clause 1);
• the onus is on the Referring Customer to keep evidence of consent from close friends and family (Referred Customer) to send referral message communication. Contravention of this term will make a person ineligible to participate in the Campaign and may make them ineligible to remain an ENGIE customer; and

• In the event of any breach of this clause 1), any fraud or gaming by participants or any other factors outside our control which impairs the integrity or proper functioning of the Campaign we reserve the right to revoke their eligibility to participate in the Campaign and/or any credits added to their account pursuant to this Campaign.

   

2. Campaign Term

• During the Campaign Period and subject to the terms and conditions herein, ENGIE will allow certain eligible participants the opportunity to earn a $75 credit on one of their electricity or gas accounts (Reward).  
• The Campaign period begins on [X] and will continue indefinitely until cancelled at the absolute discretion of ENGIE (Campaign Period).
• Notwithstanding any other provision in these Terms and Conditions, ENGIE may:
  • Suspend or cancel all or any part of this Campaign for any reason and at any time; and/or  
  • vary the terms or content of all or any part of this Campaign including (without limitation) any time or date in this Campaign and these Terms and Conditions.
• Cancellation of the Campaign will be notified at engie.com.au/refer-a-friend

3. Eligibility:

This Campaign is only available:  

• to existing residential customers of ENGIE (as Referring Customers only); and
• to a new residential and SME customer or returning residential and SME customer that has not already been referred to this Campaign by another customer, has not held an active account with ENGIE (formerly Simply Energy) at any time within the immediately preceding six (6) months and is aged 18 or over (as a Referred Customer only);
• where the Referring Customer and Referred Customer are not the same person or entity; and/or  
• the Referring Customer’s Premises and the Referred Customer’s Premises are not the same.

4. ENGIE employees will be deemed ineligible to receive a Reward in the following circumstances:

• Where referring another ENGIE employee; or

• In any other circumstances determined at the discretion of ENGIE, deemed against the spirit of the Campaign.  

   

5. A Referring Customer who, subject to the terms herein, participates by:

• Agreeing to the terms of this Agreement; and
• Achieving the requirements set out at 6) of this Agreement for any such referral.

6. The Referring Customer’s participation is completed, subject to the terms herein, when the Referred Customer:  

• Provides their informed consent and is eligible to participate in this Campaign as set out in clauses 1) and 3) ;
• Receives a referral from the Referring Customer (Referral);
• successfully transfers their energy supply from their previous energy retailer to ENGIE via ENGIE’s website as instructed;
• meets the eligibility criteria, terms and requirements of the energy plan they purchase; and
• serves any relevant Cooling-Off Period.

7. Referral Limits

• A Referring Customer may only refer a maximum of twenty-five (25) Referred Customers and their unique code will only validate 25 Referrals.
• A Referring Customer is entitled to receive a maximum of one (1) Reward per Referred Customer, regardless of whether multiple premises are linked to the Referred Customer.
• A Referred Customer is entitled to receive a maximum of one (1) Reward in total; and only one (1) Referring Customer may receive a Reward per Referred Customer, allocated on a first come first serve basis.
• Only one person per Premises is entitled to receive a Reward.

8. Fulfilment of Reward(s) to eligible customers

Each Reward will be fulfilled to the Referring Customer and each Referred Customer within a reasonable time after:

• the conditions set out at clauses 1) to 7) above have all been met; and

• the Referred Customer receives their first ENGIE bill.

   

9. Without limiting clause 8) a), ENGIE will not provide a Reward to a Referring Customer if that Referring Customer:

• transfers to another energy retailer before the Referred Customer’s electricity account has been transferred from their previous energy retailer to ENGIE; or
• terminates their electricity or electricity and gas agreement with ENGIE before the transfer of the Referred Customer’s electricity account from their previous energy retailer to ENGIE is completed.

10. Rewards Terms

• Rewards are not refundable, not transferrable and cannot be sold or exchanged for cash or other gift products.  
• If a Referring Customer has multiple accounts, ENGIE will apply to the first account that has the earliest outstanding balance in the following order:
  • electricity account; then
  • gas account.

11. Privacy

• Eligible Customers’ Personal Information will be used and disclosed to third parties for the purpose of conducting this Campaign, distributing and providing the Reward (including but not limited to using an Eligible Customer’s email address or mobile number to send them emails about this Campaign, updating records and keeping Eligible Customers’ contact details up to date) and any related or ancillary purposes.  
• ENGIE will otherwise handle participants personal information in accordance with the terms herein or its Privacy Policy at: https://www.engie.com.au/privacy  
• ENGIE will not provide any Referring Customer with any information relating to any Referred Customer, except for the number of successfully Referred Customer’s and that the Referring Customer is therefore entitled to receive a Reward from ENGIE, in accordance with these Terms and Conditions.
• Keep in mind that in order for you to participate, we need to send you electronic messages (both email and SMS) about upcoming events, assurances or this Campaign generally.

12. Miscellaneous

• ENGIE may refuse to provide a Reward to an Eligible Customer who has not fully complied with these Terms and Conditions; and
• To the extent permitted by law, ENGIE 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 Campaign.
   

13. These terms and conditions should be interpreted in accordance with the laws of Victoria, Australia and are subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.