Terms and Conditions

HAVIT REWARDS PROGRAM RULES

GENERAL

  1. This document contains the Program Rules (defined below) of the Havit Rewards (The Program).  By holding an active membership to The Program, all Participants agree to be bound by these Program Rules, as well as any other terms, conditions, policies, notices or disclaimers including information published on the Havit Rewards website: havitrewards.com.au (Website), as amended from time to time (collectively, the Program Rules).
  2. The Program is a digital based customer engagement program provided by Havit Lighting and where applicable, an approved agent authorised to carry out all or part of The Program on behalf of Havit Lighting (collectively Havit).  The Program is exclusively reserved for Havit customers who meet the qualification criteria outlined in clause 1.4 and are approved for membership in The Program (Membership) by a participating approved Havit Reseller (Reseller).  A list of Resellers can be viewed on the Website, as amended from time to time.
  3. Resellers may include Havit Lighting. Resellers may change from time to time.
  4. To qualify for Membership to The Program applicants must satisfy the following criteria:
    • Have a valid email address, a current Australian Business Number (ABN), a valid Australian Electrician License Number and a current Australian street address; and
    • Agree, upon application for Membership, to receive regular email communications from Havit including marketing communications in relation to The Program and Havit products and other related services (including those available for purchase through Resellers), offers and other information that may be of interest, with the ability to unsubscribe from marketing communications, if desired pursuant to clause 8.4 below;
    • Agree to the Program Rules (including any information published on the Website), which may vary from time to time; and
    • Not be a Havit Reseller or distributor; and
    • Participants must consistently meet any commercial, cash or credit terms for any relevant Reseller account.An individual who satisfies the above criteria and has their application for Membership approved is subsequently referred to as a Participant.
  5. The Program is designed to promote Havit products and other related products and services that are available for purchase through Resellers (Program Approved Products). The Program Approved Products list is published on the Website, as amended from time to time.
  6. Each Participant can only have one Membership.
  7. The Program was first introduced by Havit on and with effect from the 1st of November, 2024 and will continue until Havit notifies Participants of the closure of The Program.
  8. To the extent permitted by law, these Program Rules and any aspect of The Program may be changed or varied at Havit’s absolute discretion at any time without notice for the purpose of protecting its legitimate business interests or as otherwise permitted by law. Havit will make best efforts to notify Participants of any changes to the Program Rules. Continuing to keep an active Membership of The Program after any amendment to the Program Rules will constitute a Participant’s agreement to be bound by these Program Rules, as amended.
  9. Further to Havit’s rights under clause 1.9, to the extent permitted by law, Havit may, at its absolute discretion, extend, vary, suspend or terminate The Program at any time, including by changing the allocation/calculation of dollars spent to Points earned per dollar spent, at any time.
  10. To the extent permitted by law, each Reseller reserves the right at any time and for any reason, for the purpose of protecting its legitimate business interests or as otherwise permitted by law, to suspend the provision of Points or cease to be a Reseller in The Program.
  11. Any notice under these Program Rules will be deemed to have been given by Havit if emailed, posted or SMS’d to the address or telephone number provided by a Participant or if published on the Website. Participants are responsible for ensuring their contact details are kept accurate and up to date.
  12. The Program, or part thereof, does not apply where it, or Havit’s conduct of The Program, would be prohibited or hindered by a relevant law, governmental direction or court order.
  13. Any information in connection with The Program has been prepared by Havit based on information available to it and Havit has taken, and will take, all reasonable care to ensure that information in connection with The Program is accurate, but, to the maximum extent permitted by law, does not accept liability relating to any errors or omissions.
  14. Information provided by Participants to participate in The Program remains the property of Havit.
  15. Nothing in these Program Rules, 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 Investments Commission Act 2001 (Cth) or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees). All warranties, representations and implied terms including the Non-Excludable Guarantees), are expressly excluded to the maximum extent permitted by law.
  16. Except for any liability that cannot by law be excluded, including as may arise under the Non-Excludable Guarantees, to the maximum extent permitted by law, Havit (including its affiliates, partners, suppliers, licensors and licensees) is not responsible for and excludes all liability in contract, tort (including negligence) or otherwise, 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 problems or technical malfunction (whether or not under Havit’s control) of any telephone network or lines, computer online systems, servers, or Resellers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Participants’ or any other person’s computer related to or resulting from participation in or downloading any materials in The Program; (b) any theft, unauthorised access or third party interference; (c) a Participant’s Membership or any other services provided by Havit as part of The Program; (d) any message or information that is late, lost, altered, damaged or misdirected due to any reason beyond the reasonable control of Havit; (e) a Participant’s redemption or use of a reward; or (f) any tax liability of a Participant arising from The Program.
  17. At the option of Havit, Havit’s liability for breach of implied conditions or warranties is limited, to the extent permitted by law to, if the breach relates to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of having the goods repaired and, if the breach relates to services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.
  18. Havit can exercise its rights under these Program Rules at any time within the limits of the law. If Havit delays in exercising its rights, it does not mean Havit gives up those rights.
  19. Havit can transfer or assign its rights and obligations under The Program at any time to any person without notice to the Participants for the purpose of protecting its legitimate business interests.

PARTICIPATION

  1. Participation is open to Australian residents aged 18 years or over.
  2. The directors, management and employees (and their immediate families) of Havit, its related entities, printers, suppliers, Resellers and agencies whom are directly associated with the conduct of the Program are ineligible to participate in The Program. Immediate family means any of the following: spouse, ex-spouse, de facto spouse, child or step-child (whether natural or by adoption), parent, step parent, grandparent, step- grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
  3. Participants must register to become a Participant by either: (i) installing and opening the Havit Rewards app on a compatible device; or (ii) visiting the Website, and then following the prompts to the account registration page, inputting all mandatory requested details into the online registration form and submitting the fully completed registration form.
  4. Participants must provide a valid, unique, email address to participate in The Program and other information as required by Havit from time to time.
  5. Application for Membership will be reviewed and approved by Havit, who may, at their absolute discretion, for the purpose of protecting its legitimate business interests, decline an Application for Membership if they deem a participant does not meet the qualification criteria outlined in clause 1.4.
  6. In order to earn Points towards rewards available through The Program, the Participant is required to purchase Program Approved Products from a participating Reseller and then upload or scan an invoice of invoice for that purchase via the Website or Havit Rewards app, as set out further in section 3 below.
  7. Havit reserves the right at any time to suspend or disqualify any Participant from further participation in The Program if, in its judgement, that Participant has in any way fraudulently attempted to claim purchases or has otherwise violated the Program Rules herein. Suspension and disqualification may result in a Participant’s accumulated Points earnings being cancelled.

REWARD POINTS

  1. Points in The Program are accumulated for valid purchases by the Participant of Program Approved Products. A Participant will accrue Points at the rate of 1 point for every $1 (ex GST) (rounded down to the nearest whole dollar) for a valid purchase excluding delivery and other service charges and adjusted for any refunds or credits.
  2. To claim Havit Rewards points, Participants must complete the following steps:
    • Open the Havit Rewards app or log onto their Membership account via the Website; and
    • Scan or upload a copy of their invoice of Program Approved Products.
  3. Additional opportunities to earn Points for a range of purchase and non-purchase activities may be made available to Participants from time to time, as communicated by Havit from time to time.
  4. Points cannot be transferred from one Participant to another and aggregation of Points by two or more individual Participants is prohibited.
  5. Points are not redeemable for cash and only accumulate in the name of the Participant who registered and are not transferable.
  6. Havit Rewards points do not expire while the account is in an active status. If the account is closed or terminated, the points will expire on the account.
  7. Any credits or refunds to a Participant’s account with a Reseller will be added to, or deducted from (as applicable), the total purchases data before the calculation of Points.
  8. In circumstances where, following credits or refunds referred to in clause 3.7 above, a Participant acts in bad faith by redeeming significant rewards before the calculation of Points is updated, leaving a significant negative Points balance, Havit reserves its rights to invoice the Participant for the reasonable costs incurred by Havit in respect of such rewards.
  9. A Participant’s Points total may be deemed invalid and membership rights revoked if the Participant fails to abide by the commercial, cash or credit terms of any relevant account they may have with a Reseller, or these Program Rules.

REWARD CLAIMS

    1. Valid Points can be redeemed for rewards at any time during The Program’s operation, subject to Havit maintaining a discretion to cease redemptions in circumstances as permitted under these Program Rules.
    2. To claim a reward, the Participant must: (1) have accumulated at least the number of Points specified by Havit for the reward chosen at the relevant time; and (2) follow the procedure set out on the Website with respect to the redemption of Points at the relevant time.
    3. The level of Points required for a reward may change from time to time, and will be specified at the time of reward redemption.
    4. Unless the reward is unavailable, rewards will be dispatched to the delivery address provided by the eligible Participant within 7-10 business days of receipt of a valid reward claim. Should the nature of the reward preclude delivery to the address provided, the Participant will be contacted to arrange for an alternate delivery option.
    5. Most rewards in The Program cannot be delivered to a post office box and a valid street address and email address must be provided by the Participant. It is the Participant’s responsibility to ensure that any addresses provided for the purposes of Program are correct, and Havit will not be liable for rewards delivered to an incorrect street or email address provided by the Participant.
    6. All rewards are subject to availability and to each supplier’s standard terms and conditions.
    7. Havit may, in its absolute discretion, refuse to accept or cancel a reward claim for the purpose of protecting its legitimate business interests or as otherwise permitted by law including, without limitation, where a reward is unavailable or where there is an error in the Points redemption value or description of the reward. To the extent permitted by law, any typographical, clerical or other error or omission in relation to rewards and reward claims is subject to correction without any liability on the part of Havit. To the extent permitted by law, Havit may, without notice, withdraw or substitute any reward for another reward of comparable description, value, specification and/or nature. If a Participant has redeemed any Points for a reward and that reward claim is refused or cancelled, Havit will either (at the Participant’s option), re-credit the Points used to redeem the reward, or where possible, provide an alternative reward of similar value and/or specification.
    8. Apart from the manufacturer’s standard warranty terms and certain statutory warranties under consumer protection laws that cannot be excluded by law, Havit does not accept any liability whatsoever with respect to rewards supplied and gives no warranty with respect to the quality of rewards or their suitability for any purpose. To the extent Havit cannot exclude liability for a reward, such liability is limited to, at the discretion of Havit: (a) re-crediting the Points used to redeem the reward and (b) replacing or resupplying the reward.
    9. Installation and/or service are not included with any reward.
    10. In the case of goods damaged during transit, Havit, at its absolute discretion, may replace a reward or repair the item/s noted as damaged or faulty upon delivery where The Program administrator is notified at the time of delivery giving full details of damage and the name of the carrier.
    11. Any ancillary costs associated with redeeming any voucher/gift card/movie ticket are not included. Any unused balance of the voucher/gift card will not be awarded as cash. Redemption of any voucher/gift card/movie ticket is subject to any terms and conditions of the issuer including those specified on the voucher/gift card/movie ticket.
    12. ‘AirTag’, ‘AirPods Pro’, ‘Apple Watch’, ‘iPhone’ and ‘MacBook Air’ are trademarks of Apple Inc. Apple Inc. is not a participant in or sponsor of The Program.

TAXATION

  1. Participants are not employed by Havit and bear the sole responsibility for accounting for income and payment of all applicable taxes and duties (including but not limited to income tax).
  2. Any tax liability arising from participation in The Program remains the responsibility of the Participant and independent financial advice should be sought.

PRIVACY

  1. Havit collects personal information of Participants (including information on their application form and other information that Havit collects from the Participant from its participation in The Program) to include Participants in The Program and make rewards available on the terms set out in Havit’s privacy policy available at https://havit.com.au/pages/privacy-policy.
  2. Havit may also share Participants’ personal information with other persons or entities (including Resellers) that assist Havit in the administration and promotion (including marketing) of The Program and the products and services of third parties. By registering for The Program, each Participant agrees that Havit may disclose Participants’ personal information in this manner.
  3. The Participant agrees that Havit may contact a Participant of The Program from time to time, whether by mail, email, fax, telephone or SMS to discuss The Program, or other Havit products and promotions. A Participant may at any time elect not to receive marketing communications from Havit by advising Havit of their decision, or access or correct the personal information that Havit holds about the Participant by advising Havit as per the contact details found at the end of this document.

INFORMATION PROVIDED

  1. All information in connection with The Program (including any information provided on the Website) is highly confidential, is being furnished to you solely for your information and may not be reproduced or distributed to any other person or entity.
  2. The purpose of this information is to provide the persons to whom this information is provided with general information concerning The Program and is not to be used for any other purpose.
  3. The information in connection with The Program is intended to provide the recipient with preliminary background information about The Program. It is not intended to be comprehensive and should not be relied upon as a representation of any matters that a recipient should consider in evaluating the possible consequences of The Program.
  4. A Participant should rely entirely upon its own assessment and advice in relation to The Program.

TERMINATION OF / LEAVING THE PROGRAM / UNSUBSCRIBING FROM MARKETING COMMUNICATIONS

  1. Havit reserves the right to terminate a Participant’s Membership to The Program if the Participant:
    • is in material breach of these Program Rules;
    • requests to be removed from The Program; or
    • fails to meet any commercial, cash or credit terms for any relevant Reseller account/s, such as failure to pay any long-term outstanding invoices.

    Note: On termination, any remaining Points in the Participant’s Membership will be forfeited.

  2. Havit also reserves the right to terminate a Participant’s Membership of The Program at its absolute discretion at any time in order to protect its legitimate business interests.
  3. Participants can cancel their Membership to The Program at any time by submitting a request to rewards@havit.com.au.
  4. If an account is terminated the points balance will expire/ be removed from the account and no longer accessible. Under exceptional circumstances and on member request, a grace period of one month to redeem points can be honoured on account closure/ termination.
  5. If a Participant wishes to unsubscribe from marketing communications from Havit Rewards, they can do so by clicking on the ‘unsubscribe’ button at the bottom of a relevant Havit marketing communication. For clarity, Participants who have unsubscribed from marketing communications will still receive functional/service communications from Havit, such as emails containing details on Points balances, or an announcement that the Program Rules have been updated.

HAVIT REWARDS HOLIDAY PROMOTION – TERMS AND CONDITIONS

Information on how to enter the Havit Rewards Holiday Promotion (“Promotion“), the conditions of entry, and prizes, form part of these terms and conditions (“Terms”). Entry into the Promotion is deemed acceptance of these Terms.

 

PROMOTER

The promoter is BLP Australia Pty Ltd, under the business name Havit Lighting (ABN 69 112 457 208) of 143 Beauchamp Road Matraville NSW 2036 (“Promoter” or “Havit”). Email: sales@havit.com.au. ACT Permit No.

ACT TP 24/02402, SA Permit No. T24/1837

 

PROMOTIONAL PERIOD

  1. The Promotion commences at 6:00am AEDT on November 1st 2024 and ends at 6:00pm AEDT on December 13th 2024 (“Promotional Period”).
  2. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.

 

ELIGIBILITY

  1. Participation in the Promotion is limited to Australian residents aged 18 years or older and corporate entities, holding a Havit Rewards Account with the Promoter (“Eligible Customers”), and who fulfill the entry criteria set out below at clause 5. Prohibited from entering in and participating in the Promotion are:
  2. resellers and distributors of the Promoter’s products (including related products and accessories); and
  3. the directors, management and employees (and their immediate families, including spouses, ex-spouses, de-facto spouse, children [including step children and adopted children], parents, step-parents, grandparents, step-grandparents, siblings, uncles, aunts, nieces, nephews, first cousins) of the Promoter and its related bodies corporate, or of any printers, suppliers, vendors, or agencies associated with the conduct of this Promotion.

 

HOW TO ENTER

  1. To enter the Promotion and be considered an “Entrant”, Eligible Customers must, during the Promotional Period:
  2. (if the Eligible Customer has not already) become a member of the Havit Rewards Program (havitrewards.com.au) as outlined in the Program’s terms and conditions (which can be viewed here),
  3. spend a minimum of $500 on Havit products in a single transaction from any participating reseller (see list of participating resellers here) and receive a valid invoice for the transaction (“Eligible Invoice”), and
  4. upload a minimum of two (2) Eligible Invoices via the Havit Rewards Website or App (“Eligible Purchase”)

with each instance of the above conditions being satisfied being an “Entry”.

  1. Only one Entry per unique Entrant is permitted.

 

ENTRY CONDITIONS

  1. Valid and eligible Entries will be accepted during the Promotional Period.
  2. Each Entrant must retain and may be required to present proof of purchase (upon request by the Promoter) of each Eligible Purchase in order to claim a prize. If an Entrant is unable to provide proof of purchase for Eligible Purchases made within the required timeframes, then the Entry of that Entrant will be ineligible and deemed invalid. Proof of purchase includes showing the original and providing a copy of the Eligible Invoice, being a valid receipt with a valid invoice number and/or sales order number for each Eligible Purchase made during the Promotional Period. Purchase receipts must clearly specify where the Eligible Purchase was made and that the Eligible Purchase was made during the Promotional Period (and prior to entry in the Promotion).
  3. Entries received will be considered final by the Promoter. Incomplete, erroneous, ineligible or incomprehensible Entries, or Entries which do not meet the requirements of these Terms, will be deemed invalid. The Promoter accepts no responsibility for late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected Entries. Contact details entered incorrectly by an Entrant will deem their Entry invalid.
  4. The use of any automated entry software or any mechanical, electronic or other means that allow an Entrant to automatically enter the Promotion repeatedly are prohibited and will render all Entries submitted by that Entrant invalid.
  5. Any costs associated with accessing the Promotional website will be the responsibility of an Entrant and may vary depending on their internet service or telecommunications provider used.

 

PRIZES

  1. There are a total of two (2) Flight Centre eVouchers to be won, each with a value of AUD$5,000.00.
  2. Prizes will only be awarded to winners who are Entrants and not to an individual who entered on behalf of an Entrant or Eligible Customer (as applicable).
  3. Any ancillary costs associated with redeeming the Flight Centre eVouchers are not included. Any unused balance of the eVouchers will not be awarded as cash. Redemption of the Flight Centre eVouchers is subject to any terms and conditions of the issuer including those specified on the eVouchers.

 

PRIZE DRAW

  1. A draw to determine the winners of the Promotion will take place via digital draw at 10:30am AEDT on December 17th 2024 at the Promoter’s offices at 143 Beauchamp Road Matraville NSW 2036.
  2. All prizes will be randomly drawn with the first two (2) valid Entries drawn being the winners of the prizes identified at clause 12 above.
  3. The draw conductor may draw additional reserve Entries in case an invalid Entry or Entrant is drawn.
  4. It is a condition of accepting the prize that a winner may be required to sign eligibility form(s), code(s) of conduct and/or legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion.
  5. The total maximum prize pool value is AUD$10,000.00 including GST.
  6. The total maximum prize pool value is AUD$10,000.00 including GST. The prizes are not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). If a prize, or any element of a prize, is unavailable for any reason, the Promoter may substitute the prize with another item of equal or higher value and/or specification, subject to any written directions made under applicable State or Territory legislation. The Promoter accepts no liability for variation in prize value (including between the time of advertising the Promotion and receipt of the prize).
  7. A prize must be taken as offered and cannot be varied. The prizes cannot be used or redeemed in conjunction with any other offer. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought. All prize values are the recommended retail price (including GST).

 

NOTIFICATION AND COLLECTION

  1. The winners of the prizes will be notified personally in writing within four (4) days of the draw. Winners of prizes valued at $250 or greater will have their last name, first initial and postcode published on Havit Lighting social media accounts and website pages on or byDecember 20th 2024. All reasonable steps will be taken to notify the winners of the results of the draw.
  2. The Promoter may conduct a further draw at the same time and place as the original draw as is necessary on January 20th 2025 in order to distribute any prize(s) (if any) unclaimed by that date, subject to any written directions given under applicable State or Territory legislation. In the event of any winner(s) in the unclaimed prize draw, the winner(s) will be notified in writing within four (4) days of the draw. Winners of prizes valued at $250 or greater will have their last name, first initial and postcode published on the Promoter’s social media accounts and website pages by January 24th 2025. All reasonable steps to notify the winner(s) of the results of the unclaimed prize draw (if any) will be taken by the Promoter.
  3. Subject to the unclaimed prize draw, if any winner chooses not to take their prize (or is unable to) or do not take or claim a prize within a reasonable time, as specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize. The Promoter accepts no responsibility for unclaimed or undelivered prizes where the winners failed to provide correct or complete contact details at the time of Entry or subsequently failed to notify the Promoter of any change of address, or in respect of any prizes that are stolen, lost, damaged, forged or tampered with.
  4. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Terms in the event of any inconsistency. To the extent permitted by law the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Terms or otherwise.
  5. The promoter’s decision is final and no correspondence will be entered into.

 

GENERAL

  1. Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion.
  2. Entrants can only enter in their own name, however, employees or contractors of an Eligible Customer may enter on their behalf but must state the name of the business or entity upon their Entry. Individuals who submit an Entry in their own name as a result of a transaction made on behalf of an Eligible Customer without permission, or without disclosing the name of the business or entity on whose behalf they enter for, are ineligible to participate in the Promotion and their Entry may, at the discretion of the Promoter, be deemed invalid. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid.
  3. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, Havit Rewards Program membership status, eligibility to enter and claim a prize, and any information submitted by the Entrant in entering the Promotion, before issuing a prize. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction, then all the Entries of that Entrant may be ineligible and deemed invalid.
  4. 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.
  5. A prize will only be awarded following any winner validation and verification that the Promoter, or its nominated agents, requires in their sole absolute discretion.
  6. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Terms restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  7. The Promoter and its related bodies corporate (including the respective officers, employees and agents of each) are not responsible for and exclude all liability (including negligence) for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, howsoever arising in connection with or related to this Promotion or any prizes, except for any liability that cannot be excluded by law (including any applicable consumer guarantee under schedule 2 to the Competition and Consumer Act 2010 (Cth)).
  8. Except for any liability that cannot by law be excluded, including any applicable consumer guarantee under schedule 2 to the Competition and Consumer Act 2010 (Cth), the Promoter and its related bodies corporate (including the respective officers, employees and agents of each) are not responsible for and exclude 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 variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of / taking of the prize.
  9. The Promoter reserves its rights to disqualify any Entry in its sole discretion, including (without limitation) where it believes an Entrant has submitted a misleading Entry, an Entry not compliant with or in breach of these Terms, where an Entrant has tampered with or manipulated the Entry process, or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion and so forth.
  10. If a winner breaches these Terms, the winner will be deemed to have forfeited their prize(s) in whole and no substitute will be offered. Verification is at the discretion of the Promoter whose decision is final. Errors and omissions may be accepted at the Promoter’s discretion. Any 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.
  11. If the Promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, or if any act, event or circumstance occurs which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to : (a) disqualify any entrant; or (b) cancel, terminate, modify or suspend the promotion and/or if necessary to provide alternative prize(s) to the same value as the original prize(s), subject to any written directions made under applicable State or Territory legislation.
  12. An Entry and any copyright subsisting in an Entry irrevocably becomes, at time of Entry, the property of the Promoter.
  13. 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.
  14. The laws of New South Wales and each of the relevant State authorities govern this Promotion.
  15. Facebook, YouTube, Instagram, X (formerly Twitter) or Snapchat may be used to advertise or promote the Promotion. By participating in the Promotion, Entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, X or Snapchat; and to release Facebook, YouTube, Instagram, X or Snapchat from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, X or Snapchat.

 

PRIVACY

  1. 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.
  2. If the PI requested is not provided, the Entrant cannot participate in the Promotion and is deemed ineligible.
  3. All PI will be collected, stored, handled and disclosed by the Promoter in accordance with the Privacy Act 1988 (Cth) and the Promoter’s Privacy Policy, a copy of which may be obtained at https://havit.com.au/pages/privacy-policy. Entrants can gain access to, update or correct any of their Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer at rewards@havit.com.au.
  4. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion Entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.