Refer A Colleague (Car-versary) Terms and Conditions

GENERAL TERMS AND CONDITIONS

These terms and conditions (Terms) apply to the Refer a Friend promotion (Promotion).  By participating in the Promotion, you agree to be bound by these Terms. This Promotion is conducted by Smartsalary Pty Limited, a Smart^TM company (ABN 24 096 796 100), Level 15, Darling Park Tower 2, 201 Sussex St, Sydney NSW 2000. Telephone: 1300 476 278 (Smart).
To qualify for the Promotion, the person making the referral (you) must be an employee of an existing client of a Smartgroup company. The person you would like to refer must be your colleague (Your Colleague). Your Colleague must be 18 years or older.
You must share the unique code (Code) provided to you by Smart in the Promotion email invitation that you receive from Smart to Your Colleagues that you believe would be interested in obtaining a novated lease with Smart.
You must not market or promote this offer through paid advertising channels or to the public at large (i.e. on public blog sites, search engines or in sponsored ads).
Your Colleague does not need to be a new client of Smart or any of its related entities, however the Promotion only applies to new novated leases settled with Smart, and does not apply to refinancing of existing leases.
To qualify for the Promotion:
1. Your Colleague must provide the Code to Smart at the time when they first contact Smart with a request for a novated lease quote; and
2. Your Colleague must settle a novated lease with Smart within 6 months of the date of the first referral. This promotion only applies in respect of novated lease referrals and not in respect of any other products or services which Your Colleague might purchase from Smartgroup.
Within 30 days of settlement of Your Colleague’s novated lease, you and Your Colleague will be emailed one $250 eGift Card (Gift Card) each. Gift Cards are redeemable at a number of participating retailers in Australia only. Participating retailers may change from time to time.  Gift Cards are not reloadable and balances on several Gift Cards cannot be consolidated onto a new or existing Gift Card. Gift Cards are treated as cash and cannot be replaced or refunded if lost or stolen. Gift Cards are not transferrable, cannot be returned or redeemed for cash, traveller’s cheques or credit onto your account.
The directors, management and employees of any of Smart, and their immediate families, as well as Smart’s related companies, agencies, suppliers and employees of certain employers, such as Queensland Government, are not eligible to enter.
Smart reserves the right to remove a Gift Card or substitute another item of the same value for the Gift Card, at its sole discretion, from time to time and without prior notice to you or Your Colleague.
Smart reserves the right to alter, amend or terminate the Promotion or any aspect of it at any time and without prior notice.
If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Smart, including but not limited to technical difficulties, unauthorised intervention or fraud, Smart reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any participant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
Smart reserves the right in its sole discretion to disqualify any individual who Smart has reason to believe has breached any of these Terms or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Promotion. Smart’s legal rights to recover damages or other compensation from such an offender are reserved.
Nothing in these Terms limits, 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 State and Territories of Australia (Non-Excludable Guarantees).
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Smart (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 the Promotion, including but not limited to: (a) any technical difficulties or equipment malfunction (whether or not under Smart’s control); (b) any theft, unauthorised access or third party interference; (c) any Gift Card late, lost, altered, damaged or misdirected  due to any reason beyond the reasonable control of Smart; (d) any variation in Gift Card value to that stated in these Terms; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
Smart 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. Entry is conditional on providing this PI. Smart will use and handle PI as set out in the Privacy Policy, which can be viewed online at (Privacy Policy). In addition to any use that may be outlined in the privacy policy, the Smart may, for a reasonable period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with.
If at any time all or any part of any provision of these Terms are or become illegal, invalid or unenforceable in any respect under the law of any jurisdiction, such provision(s) shall not affect or impair the legality, validity or enforceability in that jurisdiction of the remainder of that provision or all other provisions of these Terms or the legality, validity or enforceability under the law of any other jurisdiction of that provision or all other provisions of these Terms.
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia and shall be subject to the jurisdiction of the New South Wales courts.
This Promotion is not available to employees of any Smartgroup company, employees of Queensland Government, or NSW Health. For employees of NSW Department of Education, the referral bonus is limited to $50 for each of You and Your Colleague.