Clever Champion

In these terms and conditions, unless the context otherwise requires: 

1. DEFINITIONS 

• Participant(s): means a customer of the Promotor participating in the Clever Champion Program.  
• Points: means points awarded to a Participant in the Program for completing the activities set out in section 5 of these Terms and Conditions.  
• Program: means the Clever Champion program. 
• Program Period: means the period commencing 10^th February 2025 and ending on the date as nominated by the Promoter and notified to the Participant as the final date of the Program. 
• Program Website: means the website located at URL www.clevertronics/cleverchampion.net.  
• Promoter: means Clevertronics Pty Ltd (ACN 136 264 349). 
• Rewards: means the merchandise offered by the Promoter and as set out on the Program Website from time to time which can be redeemed by the Participant with Points and shall be used by the Participant for the purpose of branch promotions to attract potential contractors into the branch. 

2. ACCEPTANCE OF TERMS AND CONDITIONS 

• The information contained on the Program Website form part of these Terms and Conditions. 
• By registering and participating in the Program, the Participant agrees to be bound by the Terms and Conditions. 

3. ELIGIBLE PARTICIPANTS 

• Participation in the Program is open to customers of Clevertronics who:  
• are over the age of eighteen (18) years; and  
• are employed in a customer-facing sales professional role (or other role as approved by the Promoter) by the Promoter’s selected Australian business partners. 

4. SUSPENSION, CANCELLATION OR VARIATION OF THE PROGRAM AND PARTICIPANT PARTICIPATION 

• The Promoter may terminate a Participant’s ability to participate in the Program without notice for any reason including, without limitation, if the Participant:
   
• fails to comply with these Terms and Conditions; 
• abuses any privilege accorded to the Participant under the Program; 
• supplies any misleading information or makes any misrepresentations to the Promoter; 
• engages in unethical behaviour or manipulates the Program in order to accrue additional points.  
   
• The Promoter reserves the right to discontinue, extend or vary the Program at any time at their discretion without prior notice. The Promoter will not be liable for the suspension or termination of the Program whatsoever including (without limitation) for any Points held by a Participant at the time of suspension or termination. 
• Any Participant who leaves their employment with an Australian business partner of the Promoter during the course of the Program: 
• must notify the Promoter of same; and  
• will have their participation in the Program terminated and Points held forfeited, unless the Promotor approves the transfer of such Points to an alternative Participant. 
• A Participant may terminate their participation in the Program at any time by giving written notice to the Promoter. 

5. EARNING POINTS 

• Participants may register for the Program at any time during the Program Period.  
• Participants will be awarded Points upon completion, to the satisfaction of the Promoter, of the following activities during the Program Period and in accordance with these Terms and Conditions:  
• Completion of module (60 Points): Participants must complete a training module via the Program Website. Points will be awarded for each module completed, but only once per completed module (e.g. if the Participant completes the same module twice, they will not earn additional points for their second completion).   
• Run a promotion (200 Points): Participant must run a promotion, the details and terms of which must first be reviewed and approved by the Promoter, at their branch promoting the Promoter’s product/s. Amongst other things, such promotion needs to be initiated by the Participant and differentiated from any promotion of the Promoter.  
• Joint call with Clevertronics (200 Points): Participant must facilitate a joint-call or meeting between an employee of the Promoter and a potential contractor to discuss an upcoming project or D2D usage.  
• Dedicated training session (100 Points): Participant must facilitate a dedicated training session of at least 30 minutes duration at their branch, covering a subject matter approved by and information reviewed for accuracy by a specialist nominated by the Promoter.  
• Case study (100 Points): Participant must work with an electrical contractor to identify a project that used a solution offered by the Promoter to solve/satisfy a requirement, and prepare a case study (to be submitted to the Promoter via a form on the Program Website) including the following information:  
   
• background; 
• challenge (i.e. what issues needed to be resolved and/or requirements met); 
• solution and results, including number and type (product range and testing system) of Promoter’s fittings installed and/or services used; and 
• contractor name and quote (if possible).  
   
• Clevertronics point-of-sale (POS) in your branch (100 Points): Participant must set up a POS in accordance with the Promoter’s brand guidelines, separated by dedicated ranges (e.g. Trade Series Economy, Trade Series Premium Economy, LP Premium Lithium). 
• The Promoter reserves the right to reclaim and/or recover any points or equivalent cash value of rewards in the case of overstatement of activities completed.   
• The Promoter will not be responsible for performance by the Participant that is detrimentally affected by product availability for any reason.  

6. POINTS EXPIRY  

• All Points will expire on the expiration of the Program Period.  
• It is the responsibility of the Participant to manage the use and be aware of the expiry date of their Points. 
• Points that expire can only be renewed, reactivated or transferred at the discretion of the Promoter. 

7. REWARDS & REWARD REDEMPTION 

• The Rewards available at any time are set out in and can be redeemed with Points via the Program Website during the Program Period. 
• Rewards are subject to availability. The Promoter reserves the right to change the rewards on offer and Points required to redeem same at any time. If a Reward is discontinued or unavailable for extended periods, the Promoter reserves the right to substitute a Reward it deems of equal value.  
• A Participant may only claim a Reward if they have sufficient Points at the time of the claim. No part-payment of Points from Participants for Rewards will be permitted. 
• For Rewards requiring delivery:  
• while every effort will be made to process and deliver Rewards within 28 business days of redemption, some delays may be experienced during holiday and peak consumer activity periods; 
• it is the responsibility of the Participant to provide the Promoter with accurate delivery information to mitigate issues related to Reward non-receipt;  
• the Promoter and its agents are not responsible for lost or stolen Rewards including during the course of delivery. 
• Redeemed Rewards are not exchangeable for other Rewards, refundable, replaceable or transferable for cash or credit under any circumstances. Redemptions cannot be cancelled or changed once they have been made. 
• If the Participant is unable or unwilling for any reason to redeem or otherwise accept a Reward, that Participant will not receive the Reward and such reward will be deemed forfeited without recourse to the Promoter. 
• No cash payment, payment-in-kind or credit will be given for any unused Points during or after the expiration of the Program Period. 

8. PRIVACY AND INFORMATION COLLECTION 

• A complete Privacy and Collection Statement can be viewed on the Program Website. This Statement sets out policies on management of Participants’ personal information. In accordance with the Privacy Act 1988, Participants can access personal information about them held by the Promoter and its agents and advise if they believe it is inaccurate, incomplete or out-of-date by contacting the Promoter. 
• By agreeing to these Terms and Conditions, Participants authorise the Promoter to seek access to, collect and use information about them for the purposes of marketing, planning, development and administration of the Program. 
• By participating in Program and accepting these Terms and Conditions, the Participant acknowledges that the information they provide will be used for the purposes of administering the Program, and that it may be used by the Promoter for future promotional, marketing and publicity purposes without any further reference or payment or other compensation to the Participant. All personal details of the Participant will be stored at the office of the Promoter. If a Participant does not wish for information about them to be used for future promotional, marketing and publicity purposes, or if a Participant wishes to access, update or correct this information, queries should be directed to [email protected]  

9. TAX LIABILITY 

• The Promoter does not accept any liability or responsibility for any Commonwealth Fringe Benefits Tax, State Payroll Tax or any other tax liability of any kind (‘tax’) which is or may be imposed in relation to rewards won under this Program by a Participant. Any tax liability in connection with prizes won, including, but not limited to, supplementary travel or benefits enjoyed by the Participant but not provided by this Program, will remain the responsibility of the Participant and not the Promoter. 
• It is the responsibility of the Participant and not the Promoter to declare and pay any tax obligation of the Participant that may arise in connection with the Program to the Australian Taxation Office. The Participant indemnifies and agrees to keep the Promoter indemnified from any liability for any tax and any interests, penalties or costs in connection with any tax or any breach by the Participant with the terms of this clause. 

10. DISCLAIMERS 

• The Promoter: 
• makes no express or implied warranty or representation in connection with the Rewards (including with respect to type, quality, and standard of fitness for any purpose); 
• is not liable for any loss Participants suffer (including consequential loss) arising in connection with a Reward (including a failure to provide a Reward, its loss, theft or destruction); 
• is not liable for any loss Participant’s suffer (including consequential loss) in connection with the Promoter’s negligence or their breaching a term, warranty or condition in relation to the Program; and 
• Is not liable for an indirect or consequential loss Participants suffer where the where the Promoter is liable for a breach of these Terms and Conditions. 
• The Promoter’s failure to enforce a term of these terms and conditions does not mean a waiver of them. 

11. CHANGES TO THESE TERMS AND CONDITION 

• The Promoter may change these Terms and Conditions at any time and will provide notice to Participants of such changes. Changes may include, but are not limited to, the following: 
• the way Participants can earn Points; 
• the way Participants can redeem Points; 
• the number of Points required to obtain a reward; and  
• the number of Points awarded and Point conversion rates. 

12. GENERAL 

All questions or disputes regarding eligibility for the Program or the eligibility of Points for accrual or redemption of Rewards will be resolved by the Promoter at its sole discretion.  

13. WAIVER 

Waiver of any provision of, or right under, these Terms and Conditions: 

• must be in writing signed by the party entitled to the benefit of that provision or right; and 
• is effective only to the extent set out in any written waiver. 

14. SEVERABILITY 

Part or all of any provisions of these terms and conditions that are illegal or unenforceable may be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions continue in force. 

15. JURISDICTION 

These Terms and Conditions are governed by the laws in force in Victoria and the Company and the Participant submit to the non-exclusive jurisdiction of the courts of Victoria.