Billy Sumo – e-bike Prize Terms and Conditions

Electric Bike 18/19

  1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Entry is via Internet or mobile Internet (carrier’s standard data charges apply) enabled mobile devices only.
  2. Entry is only open to Australian residents aged 18 years or over.
  3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.
  4. Promotion commences on 18/06/18 and final entries close at 9am on 17/06/19 (“Promotional Period”)
  5. To enter, Entrants must, during the Promotional Period, log in to any one (1) of the Promoter’s websites: http://www.australianenergysurvey.com.au; billysumo.com; billysumo.com.au; compareandconnectoffer.com.au; compareandconnect.com.au; frazzle.com.au and propertymarketinvestor.com.au; and related websites under the brand Billy Sumo and Compare & Connect, including the Promoter’s mobile applications (via their compatible mobile device in the manner required) or any website in the Promoter’s partnership network (each, a Promotional Platform) and; a. fully and correctly complete and successfully submit the online entry form via the Promotional Platform in accordance with the instructions provided on the Promotional Platform and b. provide any applicable Personal Information required by the Promotional Platform. Such information may include, but is not limited to, the Entrant’s full name, residential address, age, gender, current and valid email address and contact telephone number; c. submit the fully completed survey and requested contact details.
  6. There is a limit of one (1) entry per person per service of Compare & Connect.
  7. Incomplete or indecipherable entries will be deemed invalid.
  8. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  9. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  10. The draw to select one entry will take place at 18/7 Boundary Street, Brisbane QLD 4000 at midday local time on last day of the promotional period being 17 June 2019 (or the next business day, that is not a public holiday, to that date).
  11. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
  12. The entrant drawn will be notified by telephone and in writing by email within two (2) business days of the draw. The winner’s detail will be published on the Promoter’s websites, refer to paragraph 5, within two days of the draw.
  13. The prize of one EONE-SIXTY 900E electric bike valued at up to $7,999 will be:
    a. If goods, delivered by courier to the winner’s nominated shipping address
    b. If vouchers, gift cards or event tickets, sent by mail or email to the winners registered email address
    c. If cash, paid by EFT (electronic funds transfer) on confirmation of bank account details by the winner
    d. for other types of prizes, for example services as agreed with the winner
    e. If any prize is unavailable, the promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any directions from a regulatory authority.
  14. The Promoter’s decision is final and no correspondence will be entered into.
  15. A draw for a prize, if unclaimed, may take place 3 months after the initial draw dates, being 18 September 2019 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified by telephone and in writing by email within two (2) business days of the draw, and their name will be published online on the promoters websites http://www.australianenergysurvey.com.au; http://compareandconnectoffer.com.au; billysumo.com.au; two days after the draw date.
  16. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize by the time stipulated by the Promoter, then the prize will be forfeited.
  17. Total prize pool value is up to $7,999.
  18. The prize, or any unused portion of the prize, is not transferable or exchangeable.
  19. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  20. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion,
  21. Any cost associated with accessing a promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  22. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that
  23. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the
    States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its 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 promotion.
  24. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost,
    altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any tax liability incurred by a winner or entrant; or (e) taking/use of the prize.
  25. As a condition of accepting the prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to
    a legal release and indemnity form.
  26. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at the promoting website. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.
  27. The Promoter is Upside.Digital Pty Ltd (ABN 65 139 669 248) of Level 5, 502/22 Central Avenue Manly, NSW 2095.
  28. Promotion authorised under NSW permit number LTPS/18/25361, SA Licence number T18/1042, and ACT permit number TP 18/01137

 

TERMS AND CONDITIONS

Residential Connections Terms of Use

 

Who are we:

Compare and Connect and Domain Connect are trading names of Residential Connections Pty Ltd (ABN 63 612 925 434) of 55 Pyrmont St, Pyrmont, NSW 2009. In these terms, “Compare and Connect”, “Domain Connect”, “us”, “we” or “our” means Residential Connections Pty Ltd or its related bodies corporate and references to the website means the Compare and Connect website at http://www.compareandconnect.com.au and/or the Domain Connections website at http://www.domain.com.au/connections

Terms:

a) These terms and conditions, together with our Privacy policy and any additional terms, notices and disclaimers displayed on the website (Terms) govern your access to and use of the services offered by us.
b) By proceeding to utilise our website and services, you confirm that you have read and agree to be bound by the Terms.
c) We reserve the right to change or amend the Terms at any time. If we do, the new Terms will be published on our website. Your subsequent or continued use of the website will constitute your acceptance of any changes to the Terms. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the website.

Services

a) Our services include connection and comparison of utility and other products and services such as energy and telecommunications through our website and through our third party partners.
b) We may sub-contract some of our services and utilise the services of third parties to fulfil some of our services to our customers.

Intellectual Property and Thirty Party Links

a) All material contained on the website is our property or licensed to us. You do not have any right, title or interest in or to any proprietary rights relating to the website.
b) You must not utilise, reproduce or replicate any of the material on our website without our express written permission.
c) We may feature or display links and pointers to websites operated by third parties on our website. Such websites do not form part of our website and are not under our control. Any content belonging to third parties remains the property of the specific third party.
d) Any links to third party websites or content are provided solely for the convenience of the customer. We take no responsibility for the content or security of third party websites. In using any third party material, the customer acknowledges that they do so at their own risk.
e) If you contact a third party using functionality provided on our website, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
f) You must not use the website in breach of any applicable laws or regulations or for any unlawful purposes.
g) We are responsible for updating our website but we make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our websites for or on behalf of us, and any third party content on our website).

Invitation to Contact

a) By submitting an application to us you explicitly authorise us, the relevant retailer and our other third party partners including Domain Holdings Australia Limited to contact you via phone, SMS, MMS, emails or any other electronic or direct methods in order to provide our services to you or to provide you with news, information or advice about our, or their, existing and new products and services.
b) If your phone number is on the Do Not Call Register, you confirm and consent that the communication is solicited. You also authorise us to contact you during our call centre opening hours, i.e Monday to Thursday 9 am to 9 pm AEST, Friday 9 am to 8 pm AEST and Saturday and Sunday 10 am to 5 pm AEST.
c) You authorise and consent to us and our third party partners contacting you for marketing promotions, which include telephone, SMS, MMS, emails or direct mails or any other format of marketing.
d) This consent is valid for the maximum time allowed by law or legal authorities like ACMA until you choose to opt out. You can opt out of these communications by contacting us as detailed in our Privacy policy.

Application

a) By submitting an application, you consent and explicitly authorise us to arrange for your connection/disconnection of the nominated utility products or services.
b) You must provide accurate, complete and up-to-date information in your application and by submitting the application you confirm that all information is accurate, complete and up to date.
c) Any application for connection is subject to the terms and conditions of the relevant retailer and is subject to approval from the retailer. You acknowledge that we do not guarantee to its customers a connection with any retailer.

Customer Information

a) In order to operate our business activities efficiently and to provide our services to you we may need to collect your personal information. You authorise and consent to us using and disclosing your personal information in accordance our Privacy policy and these Terms. b) We may need to disclose your information to, third party partners and retailers for the purpose of providing our services and for the connection or disconnection of your utilities. By submitting your application you consent to us to do so.

Assumptions

a) You acknowledge that in providing price comparison information or quotes about products from our retailer partners or clients, we need to make certain assumptions about our customers which include but are not limited to their energy consumption and meter types or tariffs etc. We recommend that you participate and answer all the relevant questions to help us provide you with more accurate price comparison information or quotes.
b) We may provide information to you about products or offers based on our understanding of your requirements and our industry experience. However, you must asses any product information and make your own decision as to whether a particular product is suitable for you and your requirements.

Customer acknowledgements about comparisons and services

a) We do not represent all retailers in the market and therefore may not offer or discuss with you all of the products and services offered in the market or all of the products and services offered by each retailer. We are only able to offer information to our customers on the products and services, which are made available to us by the retailers. We may change retailers from time to time and we do not guarantee that we can offer the product or service of any particular retailer.
b) We are reliant on retailers to provide up to date pricing and product information. We are not responsible for any pricing change or product change by a retailer.
c) You are solely responsible for choosing their choice of retailer or agreeing to proceed with choice recommended on our website or by our call centre staff.
d) Information supplied by you is taken as bona fide and we will not verify the accuracy of the information or data supplied by you. e) Savings shown on our website or discussed with you are based on the information provided by you and the information provided to use by retailers. The savings are indicative and we do not warrant their accuracy.
f) You may be charged a cancellation fee by your existing retailer if you cancel your existing service. We recommend that you consider the costs associated with switching retailers before making the decision to do so.

Connections and disconnections

a) You acknowledge and consent to us gathering or seeking to gather National Meter Identifier (NMI) or Metering Installation Registration Number (MIRN) either directly or through third party partners, for the purpose of connecting your electricity or gas to the supply address.
b) You acknowledge that we facilitate the connection of utility services for our customers with retailers but we are not responsible for the actual connection or disconnection of these services. We do not accept any liability for the connection or disconnection of services by retailers.
c) Energy connections and disconnections are usually carried out between Monday and Friday (working days only) between 9 am and 5 pm however we may choose to contact you during our call centre operating hours which is Monday to Thursday 9 am to 9 pm AEST, Friday 9 am to 7 pm AEST and Saturday & Sunday 10 am to 5 PM AEST. d) Once a connection has been established with a retailer, you should direct any queries in relation to the products or services to the retailer, including any queries in relation to payment, debts, billing and monitoring.

Assignment

a) You must not assign, transfer or otherwise deal with all or any part of their rights or obligations under these Terms without first obtaining our prior written consent, which will not be unreasonably withheld.

No Partnership

a) The Terms do not create or evidence a partnership or joint venture between us.

Liability

a) We exclude all implied conditions and warranties from the use of our services, except any condition or warranty (such as conditions and warranties implied by the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 and equivalent State acts) which cannot by law be excluded (“Non-excludable Condition“).
b) We will not be liable under any circumstances for any loss or damage of any kind (whether under contract, or otherwise) which arise from you:
i) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the website or discussed on a call with one of our representatives and/or any linked sites on the website;
ii) errors, defects or omissions on the website or on a call with one of our representatives;
iii) delays to, interruptions of or cessation of the services provided on the website or on a call with one of our representatives;
iv) acting, or failing to act, on any information contained on or referred to on the website or on a call with one of our representatives; or
v) for any other reason permitted by law.
c) To the maximum extent permitted by law, we limit any liability for: i) breach of any Non-excludable Condition; and ii) breach of contract caused by or contributed by a party, to the cost re-supplying our connection services to you, if reasonably possible, or payment of the cost of a third party supplying equivalent connection services to you.
d) Neither of us will, in any circumstances, be liable to the other for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
e) By using the website, you agree that the limitations of liability set out in these Terms are reasonable and accept our services on this basis.

Indemnity

a) You agree to indemnify us and our officers, employees, contractors and agents (the “Indemnified“) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from your breach of these Terms and any negligent or unlawful act or omission by you in connection with the services.

Customer Warranty

a) You agree not to use the website or our services for any illegal purpose.
b) You agree not to plagiarize, translate or reproduce, modify anything on our website without our prior written consent.
c) You agree not to harm or malign our website in any way nor do anything to disrupt or affect our services.
d) You must not use our website for any commercial purpose.

Commissions Fees and Disclosures

a) We will not charge you for the use of our services.
b) We receive, either directly or indirectly, commissions from retailers for successful connections. The commission that we receive is sometimes shared with third parties like real estate agents, our joint venture partner Domain Holdings Australia Limited and its related bodies corporate, or associated businesses who may have referred you to us or to our website.

Notices

a) A notice or communication to be served or given under these Terms must be in writing including without limitation service by hand delivery, ordinary, certified or registered pre-paid post.
b) The date a notice is deemed served, given and received is:
i) if delivered by hand, the day of delivery but if delivery takes place after 4:00 pm on a Business Day or on a day that is not a Business Day then it is deemed served, given and received on the next Business Day; ii) if posted, three (3) Business Days after the day it is posted.

Termination

a) We may terminate your access to our services at any time without any notice. b) We are not liable for any loss or damage as a consequence of the termination.

Governing Law

a) This agreement is between Residential Connections Pty Ltd and the users of the website (whether individuals or businesses). b) Our services are limited to Australia and in some cases only in a few selected states of Australia. c) These terms and conditions are governed by the laws of New South Wales.