1. Defined terms

In these Incentive Ts&Cs:

• Contract means the Market Retail Contract between ZEN Energy Retail Pty Ltd (ABN: 54 615 751 052) and you (the Customer) for the sale and purchase of electricity at the Premises;
• Customer means the person identified as the ‘Customer’ in the Contract Details;
• Gift Card means a one-off prepaid Australia Post Gift Card by Mastercard^® loaded with the funds totalling the Incentive Amount;
• Incentive Amount means $200.00; and
• words not defined in these Incentive Ts&Cs and beginning in capital letters have the same meaning as set out in the Contract.

2. Application of these Incentive Ts&Cs
   • These Incentive Ts&Cs are part of the Contract and the provisions in these Incentive Ts&Cs apply despite any other provision in the Contract.
   • In the event of any conflict or inconsistency between the General Terms and Conditions and these Incentive Ts&Cs, these Incentive Ts&Cs will prevail. Otherwise, the rights and provisions of these Incentive Ts&Cs are in addition to, and are not in lieu of the rights and obligations granted under the General Terms and Conditions.

• Provision of the Gift Card
  • To be eligible to receive a Gift Card:
    • the Contract must become effective on or before 30 June 2022 or such other date that we notify you in writing at our sole discretion (Incentive Expiry Date);
    • we must become the Financially Responsible Retailer for the Connection Point in accordance with the terms and conditions set out in the Contract; and
    • you must continue to be our Customer after 30 Business Days from the date we become the Financially Responsible Retailer for the Connection Point,

(Incentive Conditions).

• If the Incentive Conditions have not been satisfied, you will not be entitled to receive a Gift Card. However, we may extend the Incentive Expiry Date at our sole discretion.
• Once the Incentive Conditions in clause 2.2(a) have been met, as soon as reasonably practicable (subject to any unforeseeable delays with transmission or postage), the Gift Card will be posted to your billing address specified in the Contract Details.
• You acknowledge that:
  • only you can claim the Gift Card from us, and it cannot be claimed by any other person;
  • we will not exchange the Gift Card for something else, or redeem it for cash;
  • you are responsible for checking, and complying with, the expiry date and any other redemption requirements for the Gift Card;
  • a limit of one Gift Card per Customer applies; and
  • a limit of one Gift Card per Customer’s household applies.

3. Our liability

You acknowledge and agree that:

• We have no direct relationship with the issuer of the Gift Card, Heritage Bank Limited (Issuer) or the distributor, Australian Postal Corporation (Distributor).
• The Gift Card (and associated legal terms) have been created solely by the Issuer and Distributor, and are independent to any agreement you have with us.
• You are solely responsible for reviewing the terms and conditions applicable to the Gift Card, (available at this link Gift Card Terms and Conditions), and making an informed decision about whether to accept them.
• Nothing in these Incentive Ts&Cs limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investment Commissions Act 2001 (Cth) (“Non-Excludable Guarantees“). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, we (including our respective officers, employees and agents) excludes all liability (including negligence), for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the supply of the Gift Card including:
  • any loss, theft, damage, unauthorised access or third party interference in respect of the Gift Card;
  • your agreement with the Issuer or Distributor in relation to the Gift Card;
  • your use of the Gift Card in any circumstance; or
  • any goods or services that you acquire using the Gift Card.