ELGAS PURPLE PERKS TERMS AND CONDITIONS
The website purpleperks.elgas.com.au is owned and operated by ELGAS LIMITED (“we”, “us” or “our”).
ELGAS Purple Perks (the “Program“, “ELGAS Purple Perks“, the “Website“, the “Service”) is provided by ELGAS LIMITED ABN 85 002 749 260 (the “administrator“). The Service includes access and ELGAS Purple Perks account privileges of the Website. The Service enables users of ELGAS Purple Perks (“you“, “your“), subject to certain conditions laid out in these terms and conditions (“Terms“), to earn discounts, deals, coupons, exclusive offers, e-gift cards, retail offers etc. on certain product and/or services (“Rewards“), which are offered by third parties (“Third Party/ies“), and made available to you by ELGAS Purple Perks on the Website being facilitated by Edge Loyalty Systems Pty Ltd ABN 96 138 299 288 (“Lifestyle Rewards”).
These Terms govern your use of ELGAS Purple Perks. These Terms apply to Rewards that are listed on ELGAS Purple Perks and on any associated communication, including but not limited to emails, SMS, printed brochures or other collateral.
Please read through these Terms. If you do not agree with the Terms, do not use the Website. If you do use the Website, your conduct indicates that you agree to be bound by the Terms.
If you have any questions about these Terms, please call us on 131 161.
A. General
1. The Website is subject to applicable Australian legislation. Users of the Website and the Service provided are subject to these Terms. The Services on the Website are only available to Australian residents.
2. Some products and services made available by Third Party(ies), as part of the Program, have extra conditions that apply in addition to these Terms: these will be displayed within the appropriate Third Party’s website and you should read these before you use the product/service in question. If there are any inconsistencies between these Terms and the Third Party’s product/service conditions, the Third Party’s product/service conditions will prevail. You may be required to register with the Third Party to enable you to access the Third Party’s website.
3. We may monitor or record calls between you and our Customer Service team to confirm that your instructions have been carried out correctly and to help improve the quality of Service.
4. We hereby provide you with the information and services on the Website for your own use. You are not entitled to use or distribute the information on this Website for any purpose other than for your own personal use in transacting with Third Party. Use of any content of the Website for any other purpose, including any commercial purpose whatsoever, is contrary to these Terms. You must not display the contents of the Website in a frame surrounded in other material that we have not originated.
B. Modifications
1. We reserve the right to alter or amend the Terms of the Program, or terminate the Program, at any time, and will notify you of changes through the Website. If you do not agree to the changes, you are entitled to cancel your ELGAS Purple Perks account and retrieve Your Rewards received prior to such cancellation of your ELGAS Purple Perks account.
2. Participating Third Party/ies and the benefits and products available through the Website may change from time to time and vary from user to user. The Service may be unavailable from time to time (for example, due to technical difficulties).
3. Your continued use of the Website will mean that you agree to the changes made.
4. If you do not agree to the changes, you should not use the Website any further.
C. Website Content
1. Nothing in this clause excludes or limits any rights or remedies you may have under the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (“ACL”) or other applicable legislation.
2. We will try to ensure that the information that we provide on the Website is accurate and up-to-date.
3. We provide access to Third Party/ies, who will change from time to time, from which you may choose to purchase goods and services or engage in other online activity.
4. Some information will be provided by, and be relevant to, the Third Party: We do not accept any liability for any inaccuracies in this information or for any loss or damage you suffer in connection with or arising out of the information provided by the Third Party. Some information will indicate that it is correct on the date of publication. When accessing this content, you accept that it may have become inaccurate since the date of publication and that you will not rely on it as being correct at the date that you access it.
5. Where we source the information provided on the Website from Third Party, you are advised that the views expressed are those of the Third Party concerned, not those of us. We do not necessarily endorse those views. You are responsible for evaluating this information and for any decisions that you make as a result. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material and we take no responsibility for such material.
6. We are not responsible for products or services provided by the Third Parties, whether you access them on this site, or via links from the Website. We do not endorse, warrant or guarantee the products or services available through any link (or any other Third Party products or services advertised, presented on or linked from any portion of the Program, whether or not the subject of a Reward. You are responsible for evaluating them. If you decide to buy any of these products or services, you do so at your own risk. We are not a party to any dealings you have with Third Parties – these are your responsibility, not those of us.
7. In the event that you purchase or obtain any goods or services from Third Parties then the acquisition of such goods or services will be in accordance with the Third Parties’ terms and conditions and we will have no liability to you in respect of the same including but not limited to any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions or information.
8. If you enter into a contract with a Third Party listed on ELGAS Purple Perks (such as a contract of sale), the contract shall exist only between you and the Third Party. In the event of a problem with the product or service that has been ordered all queries, except those relating to Reward should be directed to the Third Party concerned.
9. We will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using ELGAS Purple Perks, you release and hold us and the administrator harmless from any and all liability arising from your use of any third-party website or service.
D. Eligibility for Rewards and Access to Website
1. To be eligible for Rewards under ELGAS Purple Perks and be permitted access to the Website, you must:
i. be an ELGAS AU residential account holder, and
ii. have made any type purchases (rentals/products etc.) on your ELGAS AU residential account anytime in the preceding 13 months, and
iii. have an ELGAS AU residential account which is active and not finalised, closed or locked.
2. You will be ineligible for Rewards under ELGAS Purple Perks and not be permitted/cancelled access to the Website, if you:
i. are a customer engaged in the purchase of bulk gas, or
ii. are engaged or we reasonably suspect that you are engaged in fraudulent, illegal or vexatious activity, or
iii. do not fulfil the eligibility criteria provided under section D (1).
E. Rewards
1. Subject to your eligibility pursuant to section D (1), you will earn discounts, deals, coupons, exclusive offers, e-gift cards, retail offers etc. on certain product and/or services, which are offered by Third Parties, and made available to you by ELGAS Purple Perks on the Website.
2. The Third Party, and not us and/or the administrator, are the seller, supplier and/or provider of the services with applicable Rewards and such Third Party shall be solely responsible for the sale, supply, provision and delivery of the product and/or service, and will be entering into an contract with you when you redeem your Rewards.
3. We and/or the administrator are not an agent, distributor, re-seller, broker or otherwise responsible for such Third-Parties or the activities or policies of those websites or the products or services available on them.
4. We do not promise or guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other Third Party via ELGAS Purple Perks are the best prices, terms or lowest rates available in the market.
5. Unless otherwise stated:
i. Rewards shall be redeemed against the relevant product and/or service offered by the Third Party.
ii. Rewards cannot be transferred from one user to another.
iii. You must redeem the Reward from the Third Party within any applicable redemption period. If you do not redeem the Reward within the stated redemption period, the Reward will expire and can no longer be redeemed.
iv. You must follow the redemption instructions associated with the Reward when you redeem the Reward with the Third Party.
v. You must not reproduce a Reward.
vi. Each Reward is for your non-commercial, personal use only;
vii. Rewards cannot be replaced if lost or stolen. If you suspect an unauthorised activity, immediately report this to 1300 738 044.
viii. If your purchase exceeds the value of the Reward, balance must be paid by cash, debit or credit card.
ix. Rewards cannot be redeemed for cash, returned for a refund, have their balances consolidated to a new Reward or be replaced after expiry and are not legal tender, account cards, credit or debit cards or securities.
6. If due to technical, administrative or other error you receive incorrect Reward then you must inform us at the earliest opportunity.
7. Rewards codes work in conjunction with the Reward offered on our site, but they may not work with Reward codes from other sources. If you do decide to use a Reward code from another source, it’s unlikely we will be able to award you the Reward as provided under the Website.
F. Redeeming Rewards
1. Nothing in this clause excludes or limits any rights or remedies you may have under the ACL or other applicable legislation.
2. Redemption of the Rewards are governed by the terms and conditions of each Third Party. It is at the Third Partys’ discretion whether a Reward offer is applicable with the Website’s existing discounts, advertised offers or methods of payments. These are subject to change by the Third Party. You should check the Third Party’s terms & conditions for any changes to redemption eligibility.
3. The redemption of Rewards relies on Third Party systems used by the Third Party over which we have no control. No liability will be accepted by us for failure in the tracking process on Third Party systems.
4. Redeeming the Rewards may be affected by certain settings or software products installed on a computer which prevent the Third Party from redeeming the Rewards. If a technical failure on the part of the Third Party, or an incompatibility with the settings on a computer, prevents the Third Party from redeeming the Rewards then we reserve the right to revoke Reward. We provide features on the Website for you to check that your Rewards will be correctly tracked, and it is your responsibility to ensure that you have undertaken this test with a positive result.
5. If you redeem your Reward, but the Third Party does not provide the product and/or service with the applicable Reward, or if you have a complaint regarding the provision of the Third Party product and/or service, you must take action against the Third Party directly without any recourse to us or the administrator (except as permitted by law).
G. ELGAS Purple Perks Accounts
1. We reserve the right to close your ELGAS Purple Perks account and/or access to the Website if you are deemed, at our sole discretion, to be attempting to earn Reward by fraud, deception or any misuse of the service or in any other unacceptable manner.
2. You may cancel your ELGAS Purple Perks account at any time and for any reason.
3. If you cease to be entitled to access ELGAS Purple Perks, or for any other reason, then your ELGAS Purple Perks account will be closed.
4. You will have 30 days, from the date your ELGAS Purple Perks account was closed or your entitlement ceased, in order to retrieve the Rewards that we determine at our sole discretion not to have been affected by fraud, deception or misuse of the service or in any other unacceptable manner. Access to your ELGAS Purple Perks account may be restricted within the 30 days, in which case you will need to contact us at 1300 738 044 in order to retrieve the Reward.
H. Intellectual Property
1. The names, images and logos identifying us, ELGAS Purple Perks, the administrator, or the Third Parties and their products and services are subject to copyright, design rights and trade marks of the respective parties. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright. Unless otherwise specified the copyright in the contents of all the pages in this Website are owned by or licensed to us.
2. Unless otherwise stated, we do not warrant or represent that the information on other websites does not infringe the intellectual property rights of any person anywhere in the world.
3. Except as permitted by law, you are not entitled to reproduce, or redistribute any part of the content of the Website for any purpose whatsoever.
I. Australian Consumer Law
1. To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms. However, if a supply under these Terms is a supply of goods or services to a consumer within the meaning of the ACL, nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the ACL.
2. The Service is provided on an as-is and as-available basis and we do not warrant that the Service or the Rewards will be available at all times or error-free. You assume full responsibility and risk for your use of the Website and any linked Third Party websites. No oral or written information or advice provided by us, our agents, or representatives shall create any warranty or modify this disclaimer.
3. For the avoidance of doubt, we do not provide any warranties, guarantees or representations, express or implied, with respect to the Rewards, as the Rewards are provided by independent Third Party. Accordingly, nothing in these Terms has any impact on any warranties, guarantees or representations (express or implied) provided by such Third Party’s with regards to the Rewards.
4. The information contained in the material on the Website is only for information purposes. The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
J. Limitation of Liability
1. To the extent that the ACL permits us to limit our liability, then our liability is limited to
a) the cost of supplying the Service again; or
b) payment of the cost of having the Service supplied again.
2. Except in the case of a major failure (as defined in the ACL), We can elect as between the remedies set out at (a) and (b).
3. To the maximum extent permitted by Law, neither party (“Party 1”) is liable to the other party (“Party 2”) or to any other person for:
a) any loss or damage of any kind caused by or resulting from any act or omission of Party 1 or any of its employees, agents or contractors in connection with these Terms, other than loss or damage directly arising from the negligence or wilful misconduct of Party 1 or its officers, employees or agents; or
b) any loss, harm, damage, cost, or expense, including special, indirect, or consequential losses such as loss of profit, arising directly or indirectly in connection with these Terms, the Service, the Rewards or any failure to comply with these Terms.
K. Breach of Terms
1. If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
2. If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provision of these Terms shall not be affected.
3. If you breach these Terms we reserve the right to suspend your ELGAS Purple Perks account indefinitely and take such other action (including terminating your ELGAS Purple Perks account) to protect our business and Third Parties as we consider necessary in our sole discretion.
L. Applicable Law and Entire Agreement
1. Your use of the Service and these Terms shall be subject only to the laws of the Commonwealth of Australia which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.
2. These Terms constitute the entire agreement between you and us relating to the subject matter herein.
M. Data Protection & Privacy
1. Any personal information (as defined in the Privacy Act 1988 (Cth) that you provide to us may be used by us for administering the Rewards programme and the Services, any other purpose set out in these Terms or our privacy policy or that you agree to, or as authorised or required by law. We may also use your personal information for marketing, planning, product development, research and other commercial purposes. For further information on how your personal information is collected, held, used and disclosed, please refer to our privacy policy available at ELGAS.com.au/privacy-policy/.
2. We will share your information with anyone engaged by us or acting on our behalf providing the Service to you. This includes Lifestyle Rewards who will handle your information in accordance with its privacy policy, which you can view at blackhawknetwork.com/privacy-policy
3. We will send marketing communications to you from time to time. You may opt out of receiving marketing from us at any time, by clicking the unsubscribe communication in any email or message from us, or by reaching out to us on 131 161 and changing your marketing preference.
N. Security
1. Our Website and the Rewards program may contain links to other sites, including Third Party content, over which we have no control. Those links are provided for your convenience only and we have no responsibility or liability for the content and activities of these linked websites. By accessing these sites, you agree to any terms of access or use imposed by them. We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person.
2. We may choose to issue you with a username and password to enable you to access particular features on our Website. If we do, you must keep those details confidential (and you are responsible for their misuse if you don’t).
3. We do not control, and we have no access to, any credit card details or other financial details that you give to a Third Party when making purchases. You should satisfy yourself of a Third Party’s security and authenticity before entering your credit card or other financial details or passwords into any website, whether or not accessed via the Service.
4. You should satisfy yourself of a Third Party’s security and authenticity before entering your credit card or other financial details or passwords into any website, whether or not accessed via ELGAS Purple Perks. If you are ever unsure of a website’s authenticity or security provision, you should not continue with your transaction.