Terms and conditions - Evaporative Cooling Offer

The following Terms and Conditions apply to the Free Cooling offer (“Offer”).

  1. Information on how to participate in this Offer form part of these Terms and Conditions. Participation is deemed acceptance of these Terms and Conditions. This Offer is not valid in conjunction with any other offer.
  2. These Terms and Conditions apply to the Offer of a free Braemar or Brivis evaporative cooling unit when Eligible Individuals satisfy the requirements outlined in these Terms and Conditions. 
  3. The Promoter is ActewAGL Distribution ABN 76 670 568 688 (AAD), a partnership of Icon Distribution Investments Limited (ABN 83 073 025 224) and Jemena Networks Pty Ltd (ACT) (ABN 24 008 552 663), of ActewAGL House 40 Bunda Street Canberra ACT 2600 through its service provider, Jemena Asset Management Pty Ltd (ACN 086 013 431) (Promoter).
  4. The Promoter has partnered with the following manufacturers for this Offer: Braemar by Seeley International and Brivis by Rinnai Australia.
  5. Further information about the Offer is available at www.actewagl.com.au/freecooling or evoenergy.com.au
  6. This Offer is available when one whole of home ducted gas heating is purchased and installed To a new home (either Greenfield or knock down rebuild).
  7. The following model evaporative cooling units are included in the Offer: Braemar by Seeley International: BMQ1150.  Brivis by Rinnai Australia F86DS.
  8. The consumer can select a higher priced evaporative cooling unit than the abovementioned models included in this Offer however  the customer will be charged the difference in cost.
  9. The following model ducted gas heating units are included in this Offer:  Braemar by Seeley International: TQ3/4& 5 series, TQS3/4/5 & 6 series, TQM5 & 6 series. Brivis by Rinnai Australia: SP5/6. They must be installed at a residential address within the ActewAGL Distribution/Evoenergy gas networks region.
  10. The costs of connecting the home to gas and the purchase and installation of the ducted gas heating unit will be borne by the builder/owner.
  11. The value of the free evaporative cooling unit will be approximately $3,000 (ex GST).
  12. This Offer is available to residential ActewAGL Distribution/Evoenergy customers aged 18 years or over only and who live within the ActewAGL Distribution gas networks region in ACT/NSW and satisfy the purchase/installation requirements set out in these Terms and Conditions. (Eligible Individuals)
  13. Eligible purchases and installation must take place between 20 October 2017 and 30 December 2018. (Offer Period)
  14. Individuals who make a purchase/installation of whole-of-home ducted units for government projects, commercial projects, property developments will be ineligible to participate or claim. Claims will not be accepted on back-ordered or forward-ordered products or inability of the approved gas specialist to undertake the installation within the Offer Period for any reason.
  15. A maximum of two (2) units can be claimed per residence will be provided unless the Promoter, at its sole discretion, decides to increase the maximum per residence.
  16. The Offer works as follows: The Eligible Individual will initiate a purchase through a builder or sales agent who is an approved participating contractor (Contractor). The Contractor will supply the builder with a ducted gas heater and evaporative cooling system. Upon acceptance of the quote the Contractor will provide the evaporative cooling supplier with a copy of the builders order and the supplier/customer will receive the evaporative cooling system free of charge.
  17. Customers will be disqualified from this Offer if they fail to comply with any of the specified Terms and Conditions. By participating, all individuals agree to comply with these Terms and Conditions.
  18. The Promoter collects personal information in order to conduct the Offer and may, for this purpose, disclose such information to third parties, including but not limited to agents, Contractors, service providers and reward suppliers. By participating, all individuals agree to comply with these terms and conditions. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988 (Cth). The Promoter’s full privacy policy can be viewed at www.actewagl.com.au/privacy All claims become the property of the Promoter.
  19. The Promoter reserves the right, at any time, to verify the validity of claims and individuals (including an individual’s identity, age and place of residence) and to disqualify any individual who submits a claim that is not in accordance with these Terms and Conditions or who tampers with the claim process. 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.
  20. The Promoter’s decision is final and no correspondence will be entered into.
  21. If an eligible cooling unit is unavailable, the Promoter, in its discretion, reserves the right to substitute a evaporative cooling unit of equal value.
  22. If this Offer is interfered with in any way or is not capable of being conducted as anticipated by the Promoter due to any cause 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 individual; or (b) to modify, suspend, terminate or cancel the Offer, as appropriate.
  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 Offer.
  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 claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any cause beyond the reasonable control of the Promoter; (d) any variation in reward value to that stated in these Terms and Conditions; (e) any tax liability incurred by an individual; or (f) use/taking of/redemption of a reward.