These terms and conditions form the basis on which Participants may participate in the Promotion. By participating in the Promotion, Participants are taken to have read and accept and agree to be bound by these terms and conditions. Unless otherwise defined, a term defined in the Partner Program Agreement has the same meaning when used in these Terms and Conditions.
1. The Promotion is only open to Accredited Dealerships that are enrolled or eligible to participate in SilverChef’s Partner Program.
2. The Promotion commences at 12:01am AEST on 26 March 2021 and closes at 5:00pm AEST on 23 May 2021.
3. To participate in the Promotion, Participants must, during the Promotional Period, submit Eligible Applications to the Promoter by processing the Eligible Application directly through SCOAP.
4. Participants will be entitled to earn a Reward for each Eligible Application submitted to the Promoter during the Promotional Period.
5. Rewards will be calculated as follows:
(a) $25 for every Eligible Application submitted to the Promoter;
(b) $25 if the Participant processes the Eligible Application through SCOAP;
(c) $50 for every Eligible Application Contract Settlement.
6. The Promoter will also pay to Participants a 15% Administration Fee on all Rewards.
7. Rewards and Administration Fees are inclusive of GST.
8. Participants must only submit one Eligible Application to the Promoter per Customer. Participants who submit more than one Eligible Application for the same Customer will, at the Promoter’s sole discretion, only be entitled to receive one Reward.
9. Incomplete or ineligible applications will be deemed invalid.
10. Eligible Applications submitted by the Participant will be subject to the Promoter’s usual vetting and approval process. The Promoter adheres to responsible lending practices and reserves the right to refuse any applications for any reason whatsoever, at its sole discretion, without explanation.
11. All Rewards and Administration Fees will be paid in AUD.
12. Total available Reward is $100 plus the Administration Fee, per Eligible Application submitted to the Promoter during the Promotional Period.
13. Rewards will be paid to Participants who successfully meet the criteria in these Terms and Conditions, fortnightly commencing on 09/04/2021.
14. Payment of Rewards and the Administration Fee will be made to Participants via the same method and on the same terms as Participants are paid pursuant to the terms of the Partner Program Agreement.
15. The Participant and the Promoter warrant that they are registered for GST purposes under Part 2-5 of the Act.
16. The Promoter will issue RCTI’s in relation to any Taxable Supply made by the Participant to the Promoter under the Promotion within 28 days of the Promoter determining the value of the Taxable Supply.
17. The Participant warrants that it:
(a) will not issue tax invoices in respect of any Taxable Supply to the Promoter under the Promotion;
(b) will notify the Promoter if:
i. it ceases to carry on an enterprise;
ii. it applies to the Commissioner for cancellation of its registration under section 25-50 of the Act; or
iii. the Commissioner cancels the registration of the Participant under section 25-55 of the Act.
(c) will notify the Promoter of any changes to the Participant’s bank account details within the first 10 days of the month in which the bank account details were changed. Where the Participant fails to notify the Promoter in accordance with this clause, the Promoter may withhold any Rewards and the Administration Fee payable to the Participant until adequate documentation has been provided to the Promoter in the form of bank deposit slip or bank statements.
18. The Promoter warrants that:
(a) it will notify the Participant if it applies for cancellation of registration under section 25-50 of the Act or otherwise ceases to satisfy any of the requirements authorising the Promoter to issue RCTIs;
(b) RCTIs issued by it will contain all the information required under the Act including information required under Regulation 29-70.02 of the Regulations.
19. The Promoter reserves the right to verify the validity of Eligible Applications and, at its sole and absolute discretion, to disqualify any Participant who the Promoter has reason to believe has breached any of the Terms and Conditions, tampered with the participation process or engaged in any unlawful or other improper misconduct which has or may jeopardise fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
20. Any decision made by the Promoter in relation to clause 13, the Promotion, Eligible Applications, Contract Settlement or otherwise arising out of or in any way connected to these Terms and Conditions is final and binding and no correspondence will be entered into in respect of any decision made.
21. The Promoter reserves the right to suspend, alter, adjust or terminate the Promotion or these Terms and Conditions at its sole discretion. Any changes to the Promotion or these Terms and Conditions will be notified to Participants in writing and will only effect Rewards from Eligible Applications submitted after the changes are communicated to Participants.
22. This Promotion cannot be used in conjunction with any other Promotion or offer.
23. Participants are solely responsible for payment of any applicable taxes, fees and other assessments on any Rewards as well as reporting any Rewards to the appropriate taxing authority for tax purposes, as required.
24. Participants agree that the Promoter will not be liable for any injury or damage howsoever caused associated with or in connection with the Promotion or any Reward. In no event will the Promoter be liable for any special, incidental, punitive or consequential damages, even if advised of the possibility of such damages
26. Participants must comply with all legislation and regulatory requirements in promoting Financial Products to potential customers during the course of the Promotion, including but in no way limited to the Competition and Consumer Act 2010 (Cth). Participants are expressly prohibited from using misleading and deceptive conduct and false statements to entice potential customers into submitting an application with the Promoter.
27. These Terms and Conditions will be governed by the laws of Queensland and the parties submit to the exclusive jurisdiction of the Queensland Court.
28. Any provision of these Terms and Conditions which is held to be unenforceable by a court of competent jurisdiction is, where possible, severed to the extent necessary to make the Terms and Conditions enforceable, unless it would materially change the intended effect of these Terms and Conditions.
29. A notice purported to be served under these Terms and Conditions will be deemed to have been properly served if the same is in writing and is sent to the usual address of the recipient by mail, telegram, facsimile, email or telex message or personal delivery.
30. Unless the context requires otherwise:
(a) ABN means an Australian business number issued pursuant to the A New Tax System (Australian Business Number) Act 1999;
(b) Act means A New Tax System (Goods and Services Tax) Act 1999;
(c) Administration Fee means the 15% administration fee that the Promoter will pay to Participants, to a total amount of $15 per Reward;
(d) Business Day means a day other than a Saturday, Sunday or public holiday in the governing jurisdiction;
(e) Contract Settlement means where an Eligible Application has been approved and settled by the Promoter within 30 days of the date the Eligible Application was submitted to the Promoter;
(f) Customer means the applicant named as the customer in an Eligible Application submitted to the Promoter;
(g) Eligible Application means a completed application submitted to the Promoter by a Participant on behalf of new customers who have never transacted with the Promoter before, to finance specific items of commercial kitchen equipment within the Promotional Period.
(h) Financial Product means any asset based finance product offered by the Promoter, including finance leases, operating leases, hire-purchase agreements, asset finance agreements, chattel mortgages, rental agreements and/or such other products as offered by the Promoter from time to time;
(i) GST means Goods and Services Tax for the purposes of A New Tax System (Goods and Services Tax) Act 1999 and any regulations made under that legislation and any relevant ruling of the Australian Tax Office;
(j) Participants means Accredited Dealerships that are enrolled or eligible to participate in SilverChef’s Partner Program;
(k) Promoter means Silver Chef Rentals Pty Ltd ABN 33 112 241 522;
(l) Promotion means the incentivised promotion detailed in these Terms and Conditions, running for the Promotional Period whereby eligible Participants can earn a Reward for referring Eligible Applications to the Promoter;
(m) Promotional Period means the period commencing at 12:01am AEST on 29 March 2021 and closes at 5:00pm AEST on 23 May 2021;
(n) RCTI’s means Recipient Created Tax Invoices;
(o) Regulations means A New Tax System (Goods and Services Tax) Regulations 1999;
(p) Reward means the monetary incentive a Participant will receive for submitting Eligible Applications to the Promoter from new customers during the Promotional Period;
(q) SCOAP means the Promoter’s online applications portal;
(r) Taxable Supplies means the supply of services made by the Participant to the Promoter under the Promotion in accordance with section 9-5 of the Act;
(s) Terms and Conditions means these dealer dash incentive terms and conditions as amended from time to time.