Terms and Conditions of the amaysim Refer-a-friend and Top Referrers programs

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1 Terms and Conditions of the amaysim Refer-a-friend and Top Referrers programs 1. The Refer-a-friend Promotion 1.1 Duration of the Refer-a-friend Promotion The Refer-a-friend Promotion ( Promotion ) and Promotion Benefits in Clause 1.4 ( Promotion Benefits ) are available to eligible existing amaysim customers who, during the period from 24 March 2015 to 31 December 2016 ( Promotion Period ): meet the Eligibility criteria in Clause 1.2; refer a friend who meets the Eligibility criteria in Clause 1.3; and comply with the Terms and Conditions of this Promotion. amaysim reserves the right to change, suspend or discontinue all or any part of this Promotion at its discretion, and any decision on the Promotion is at the sole discretion of amaysim. 1.2 Eligibility for Refer-a-friend Promotion a) To be eligible for this Promotion, your account must be an active amaysim customer and you must successfully refer a new online customer ( new referred friend ) via the links specified below: (i) the amaysim website (http://www.amaysim.com.au/refer-a-friend) OR (ii) My amaysim (https://www.amaysim.com.au/my-account/my- amaysim/refer_friends). b) Agents, including resellers and business partners, of amaysim and its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) are not eligible for this Promotion. c) amaysim staff are excluded from entering this Promotion. 1.3 Eligible referrals For the referred friend to qualify as an Eligible Referral for the Promotion, the referred friend must: a) not be an existing customer of amaysim; b) have been referred to amaysim by an existing customer who meets the Eligibility criteria in 1.2; c) sign up to amaysim using the existing customers unique online refer a friend link; d) purchase an amaysim mobile plan (namely AS YOU GO, FLEXI, UNLIMITED TEXT 2GB, UNLIMITED 5GB, or UNLIMITED 7GB). amaysim Data Plans and amaysim AS YOU GO plan combined with any amaysim Data Plan in one transaction are excluded from this Promotion and does not qualify as an Eligible Referral; e) have activated and used their amaysim service to either make a call, send a text or use data. 1

2 amaysim accepts no responsibility for any referrals not received for any reason within each calendar month during the Promotion Period. Eligible Referrals will be deemed to be accepted at the time of receipt by amaysim and not at the time of transmission. amaysim is not responsible for lost, late or misdirected referrals. amaysim is not responsible for technical difficulties with the referral mechanism and does not warrant that the referral mechanism will be available at all times. 1.4 Refer-a-friend Promotion Benefits a) Both referrer and new referred friend will receive a $10 amaysim credit each per successful referral. b) This amaysim credit can be used towards any amaysim service. c) This amaysim credit is activated on the first customer use (eg call, SMS, MMS or data use). d) The referrer and the new referred friend will receive a notification SMS to advise that this amaysim credit is activated. e) There is no limit on referrals made under this promotion. f) The amaysim credit is not exchangeable for cash, credit or any other gift. 1.5 Terms and Conditions amaysim collects personal information in order to or as a result of conducting the Promotion and may or will not disclose such information to third parties. amaysim may, for an indefinite period unless otherwise advised, use the information for promotional, marketing and publicity purposes including sending electronic messages. Customers or its referrals should direct any request to access, update or correct information to amaysim. All entries become the property of amaysim. Upon completion of this Promotion, amaysim reserves the right to use your contact information to communicate to you subsequent promotions or offers made by amaysim. amaysim reserves the right, at any time, to verify the validity of referrals and applications (including a referrer s or applicant s identity, age and place of residence) and to disqualify any referrer or applicant who submits a claim or entry that is not in accordance with these terms and conditions or who tampers with the claim or entry process. Failure by amaysim to enforce any of its rights at any stage does not constitute a waiver of those rights. Except for any liability that cannot be excluded by law, amaysim (including its officers, employees and agents) excludes all: a) Statutory liability; b) Representations, conditions and warranties implied by custom, the general law or statute; and c) liability for negligence, any personal injury and any loss or damage whether direct, indirect, special or consequential (including economic loss, loss of revenue, loss of opportunity, loss of goodwill), arising in any way out of the Promotion, including, but not limited to: i) any entry or referral that is late, lost, altered, damaged or misdirected (whether or not after their receipt by amaysim) due to any reason beyond the reasonable control of amaysim; 2

3 ii) any variation in the prize value to that stated in these terms and conditions; iii) any tax liability incurred by a winner, claimant or entrant. All promotions are subject to amaysim s general Terms and Conditions. In these terms and conditions, amaysim means amaysim Pty Ltd (ABN: ) of Level 6, Bridge Street, Sydney NSW The Top Referrers Promotion 2.1 Duration of the Top Referrers Promotion The Top Referrers Promotion ( Promotion ) and Promotion Benefits in clause 2.4 ( Promotion Benefits ) are available to eligible existing amaysim customers who, during any given calendar month, during the period from 24 March 2015 to 31 December 2016 ( Promotion Period ) : have met all criteria referred to in the Refer a Friend Promotion, in 1, above; and meet the Eligibility criteria in Clause 2.2; and comply with the Terms and Conditions of this Promotion amaysim reserves the right to change, suspend or discontinue all or any part of this Promotion at its discretion, and any decision on the Promotion is at the sole discretion of amaysim. 2.2 Eligibility for Top Referrers Promotion a) To be eligible for this Promotion, you must have successfully referred one of the five (5) largest number of referrals (which must be referred in accordance with the Refer a Friend Promotion Terms and Conditions in 1, above) in one calendar month during the Promotion Period; b) Agents, including resellers and business partners, of amaysim and its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) are not eligible for this Promotion. c) amaysim staff are excluded from entering this Promotion. amaysim accepts no responsibility for any referrals not received for any reason within each calendar month during the Promotion Period. Eligible Referrals will be deemed to be accepted at the time of receipt by amaysim and not at the time of transmission. amaysim is not responsible for lost, late or misdirected referrals. amaysim is not responsible for technical difficulties with the referral mechanism and does not warrant that the referral mechanism will be available at all times. 2.3 Top Referrers Promotion Benefits Referral bonus amaysim credits are awarded to five (5) existing customers who have the highest number of successful referrals within the preceding calendar month. Referral bonus amaysim credits include: a) 1 x $100 amaysim credit for the referrer with highest number of successful referrals within the preceding calendar month; and 3

4 b) 1 x $50 amaysim credit for the referrers with second, third, fourth and fifth highest number of successful referrals within the preceding calendar month. amaysim will apply the promotional credits on the customer s services on the second day of each calendar month after the top five amaysim Top Referrer have been determined for the preceding calendar month. The amaysim credit is not exchangeable for cash, credit or any other gift. Any ties for each month will be separated with the following method as required: The applicant/s that have spent the greatest amount of time within the promotions Top 5 table for any calendar month, which is calculated for applicants based on the number of total referrals for that calendar month. Chance plays no part in determining the winner. 2.4 Terms and Conditions amaysim collects personal information in order to or as a result of conducting the Promotion and may or will not disclose such information to third parties. amaysim may, for an indefinite period unless otherwise advised, use the information for promotional, marketing and publicity purposes including sending electronic messages. Customers or its referrals should direct any request to access, update or correct information to amaysim. All entries become the property of amaysim. Upon completion of this Promotion, amaysim reserves the right to use your contact information to communicate to you subsequent promotions or offers made by amaysim. amaysim reserves the right, at any time, to verify the validity of referrals and applications (including a referrer s or applicant s identity, age and place of residence) and to disqualify any referrer or applicant who submits a claim or entry that is not in accordance with these terms and conditions or who tampers with the claim or entry process. Failure by amaysim to enforce any of its rights at any stage does not constitute a waiver of those rights. Except for any liability that cannot be excluded by law, amaysim (including its officers, employees and agents) excludes all: a) Statutory liability; b) Representations, conditions and warranties implied by custom, the general law or statute; and c) liability for negligence, any personal injury and any loss or damage whether direct, indirect, special or consequential (including economic loss, loss of revenue, loss of opportunity, loss of goodwill), arising in any way out of the Promotion, including, but not limited to: i) any entry or referral that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Amaysim) due to any reason beyond the reasonable control of amaysim; 4

5 ii) any variation in the prize value to that stated in these terms and conditions; iii) any tax liability incurred by a winner, claimant or entrant. All promotions are subject to amaysim s general Terms and Conditions. In these terms and conditions, amaysim means amaysim Pty Ltd (ABN: ) of Level 6, Bridge Street, Sydney NSW

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