FencrGatr

Friends of FencrGatr Terms and Conditions

The Trustee for the van Weije Family Trust, trading as FencrGatr (the Promoter), has created a referral program called the “Program” for its customers, who are called “Referrers” or “You.” These Terms and Conditions explain what a referral is, how rewards (“Reward/s”) are earned and how to become eligible to participate. Referrers automatically accept these Terms and Conditions when they participate. The Program can be changed or ended at any time by FencrGatr. The Promotional Period runs from 9:00 AM AWST on Thursday, September 14th, 2023 until 5:00 PM AWST on Tuesday, December 31st, 2024.

Eligibility

The promotion is open to individuals who have made a residential fencing or gate purchase with FencrGatr, or any of its owners, affiliates, or partners, past or present. Customers are defined as individuals who have completed purchases from the entity, and who have paid in full. Eligible referrals will be called “Friends” and are defined as any individual who does not currently exist in FencrGatr’s contact, prospect, or customer database. FencrGatr employees, contractors or any other business associates are excluded from participating in the program.

How the Program Works

A Referrer may submit an online form directly to FencrGatr with responses to mandatory questions. The form will be verified by a FencrGatr staff member to confirm the entry is valid. A Referrer who is fully compliant with these Terms and Conditions may receive a reward (“Reward/s”) for every “Qualified Referral/s”, which is a Friend who subsequently becomes a “Customer” for FencrGatr as a direct result of the Qualified Referral. By participating in the program, a referrer asserts that they have their friend’s consent to provide their contact information. Previous customers of Niels van Weije (sole trader) and the Trustee for the van Weije Family Trust will also be considered eligible to be included in this promotional program. A Referrer will be contacted if the Friend becomes a Qualified Referral, by electronic means and by way of the automatic issue of an eGift card within 2 months.

Qualified Referrals

The Referred person must complete a purchase of a FencrGatr supply and/or installation service. A purchase is deemed complete once a client has paid for the full amount quoted. Referrers must be verified as genuine new customers by FencrGatr staff and must not have previously made a purchase with FencrGatr under any other email address or alias. Referrers can make multiple referrals for new unique customers. Only one Qualified Referral can be earned per new unique individual or household or business address. Any additional or subsequent purchases made by a Qualified Referral will no longer be considered as Qualified Referrals and thus not be entitled to any further Rewards.

Verification

Rewards are subject to verification. FencrGatr may delay a Reward for the purposes of investigation. FencrGatr may also refuse to verify and process any transaction FencrGatr deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on FencrGatr, its subsidiaries, affiliates or any of their respective directors, employees, representatives and agents. All FencrGatr’s decisions are final and binding, including decisions as to whether a Qualified Referral or Reward is verified.

Reward Details

The Rewards will be made based on a tiered structure in accordance with the dollar amount paid to FencrGatr by the Qualified Referral and are based on increments as outlined in the promotional web page. Rewards will be issued to Referrers in the form of pre-paid e-gift cards. Rewards will be identified at the end of each month after a Qualified Referral purchase has been completed and issued to Referrers by the end of the following month. Each Reward will be issued directly to the Referral client via electronic means (email or online) once all details have been verified. Any change to the value of the Reward occurring between the date of the promotion commencement and the date the prizes are claimed is not the responsibility of the Promoter. Rewards are not transferable or exchangeable and cannot be taken as cash.

Privacy

To participate in this Program, Referrers must submit some personal information about themselves and the new customer, such as name, contact number and e-mail address so that FencrGatr can send communications to the Friends on the Referrers’ behalf. The information will be collected, processed, and used in accordance with FencrGatr’s Privacy Statement, which can be found at https://fencrgatr.com/privacy-policy/. Referrers understand that, in addition to the initial communications to the new customer, FencrGatr may also use the personal information to send to the new customer additional follow-up communications on behalf of the Referrers to encourage or remind the new customer to complete a purchase. The information may also be used by FencrGatr to contact Referrers regarding their participation in the Program and to send to Referrers additional communications from FencrGatr.

Exclusions

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 entrant invalid. 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. Except for any liability that cannot by law be excluded, 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; or (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. The Promoter collects personal information (“PI”) 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 personal information collected in connection with this Promotion will be used, stored, and disclosed in accordance with the Promoter’s Privacy Policy, available at https://fencrgatr.com/privacy-policy/. In the event of a dispute regarding the interpretation of these Terms and Conditions, the decision of the Operations team will be final.

The Promoter is FencrGatr Pty Ltd, ABN 76 937 088 281, PO Box 381, MAYLANDS WA 6931.

The Reward structure is tired and structured as follows: