ENXO TERMS AND CONDITIONS

The Enxo Benefits Program provides members with discounts to a range of products and services across multiple industries.
Enxo will promote and market products and services to you where we believe you may benefit. These include the products, services and exclusive offers from Enxo Partners and Benefit Providers who that we believe
you may be interested in.
We market to Enxo Members in accordance with their membership preferences. which can be You can updated your preferences online on the Enxo website or through the Enxo mobile application at any stage.
Enxo collects and uses personal information about you in connection with the Enxo Benefits Program that allow us to provide our services to you and in order to market products and services from Enxo Partners and
Benefit Providers to you where you may benefit, and for other purposes set out in Enxo’s Privacy Policy.
By joining the Enxo Benefits Program, you agree to be bound by the Enxo Terms and Conditions and the Enxo Privacy Policy. You are giving your consent to Enxo email you about:

• your Enxo Points Balance, your Enxo Status Level and your participation and use of the Enxo Benefits Program:
  • offers from Enxo, Enxo Partners and Benefit Providers.
  • other offers including from third parties that may have products and or services in which you may be interested.
• news and updates.
• competitions and results of competitions.
• market research. and
• other purposes set out in the Enxo Privacy Policy.

If you do not wish to receive these email communications, you can 'opt-out' of any or all of them by contacting us at any stage.

Acceptance of Terms and Conditions & Privacy Policy

Members understand that membership of the Enxo Benefits Program is subject to the Terms and Conditions and the Enxo Privacy Policy. Members agree to be bound by the Terms and Conditions and the Enxo Privacy Policy.

About this Document

This document contains the Terms and Conditions of the Enxo Benefits Program. They are intended to protect both Enxo Members and Enxo Pty Ltd.
Every Enxo Member is bound by these Terms and Conditions.
It is your responsibility as an Enxo Member to read and understand these Terms and Conditions.
Enxo may change these Terms and Conditions from time -to- time. The current version of these Terms and Conditions (set out in this document)
are those currently available on the Enxo website. Enxo Members will be provided with an electronic copy of the Terms and Conditions at the time of joining the Enxo Benefits Program.

Membership

You must register as an Enxo Member before you can participate in the Enxo Benefits Program. Membership of the Enxo Benefits Program is free.
Please note that Members are responsible for paying for purchases or acquisitions of products or services through the Enxo Benefits Program, including paying for Benefits acquired by the Member from a Benefits Provider.
You are eligible to apply to be a member of the Enxo Benefits Program if you are aged 18 years or over and a citizen or permanent resident of Australia.
Each Enxo Member may have only one Enxo Membership. Enxo Membership is non-transferable.

How You Can Become a Member

You can register in any of the following ways:

• online on the Enxo webpage by completing the Enxo application form
• in person with an Enxo representative by signing up on an electronic form on a tablet computer used by the Enxo representative
• by contacting the Enxo Service Centre.
• through the Enxo mobile application which you can download from the relevant ‘app marketplace’ for your mobile device

On registration, you agree to be bound by these Terms and Conditions and the Enxo Privacy Policy.
Also, if you use or quote your Enxo Membership Number during a transaction, that constitutes your acceptance of these Terms and Conditions and Enxo’s Privacy Policy.
By becoming an Enxo Member, you agree that your personal information may be used and disclosed in accordance with Enxo’s Privacy Policy.
Enxo Membership is offered at the discretion of Enxo. Enxo has the right to accept or reject any application for Enxo Membership. We may refuse your registration for Enxo membership for any reason.

Membership Number

If we accept your application for membership, Enxo will assign you a Membership number. Please keep a confidential record of that number. The number will also be available in your secure membership application.

You Can Cancel Your Membership / Account

You may, at any time, cancel your Membership by giving Enxo written notice. However, please be advised that as soon as we receive such written notice from you, Enxo will treat your Membership as terminated with immediate effect.
Also, see the section below: “What Enxo Can Do If your Membership / Account is Suspended or Terminated”.

Suspension or Termination of your Enxo Membership

We reserve the right to suspend or terminate your Enxo Membership, immediately and without notice to you, if in our opinion and at our sole discretion:

• you give false or misleading information to Enxo, or to any Benefit Provider in connection with any aspect of the Enxo Benefits Program.
• you act in an abusive, offensive, aggressive or hostile way towards any staff of Enxo, an Enxo Partner or a Benefit Provider.
• you otherwise fail to comply with any of these Terms and Conditions.

If you are notified of a suspension of your membership, you have 7 days to rectify any breach of these terms and conditions (where possible) and providing any reason why Enxo should not terminate or suspend your Membership. Enxo will review your response and advise you of its position. Enxo may suspend your Membership until the review is completed.

What Enxo Can Do If your Membership / Account is Suspended or Terminated

If Enxo suspends your Enxo Membership, Enxo may refuse to honour any rights you may have received or accumulated from Enxo or offers previously made to you through the Enxo Benefits Program. Enxo may also reverse or cancel any of your Enxo Points.
If Enxo terminates your Enxo Membership, immediately on termination, your accumulated Enxo Points will be cancelled. Any Benefits or other rights you may have received or accumulated from Enxo or offers previously made to you through the Enxo Benefits Program will be voided.
For the avoidance of doubt, suspension or cancellation of your Enxo Membership does not affect any contracts you have entered into with an Enxo Partner or a Benefits Provider, any purchases of products or services you have paid for in full, or any rights you have under consumer legislation including the Australian Consumer Law.
Enxo is not liable to you in any way for any loss or damage you suffer in relation to any suspension or termination by Enxo of your Enxo Membership. This includes but is not limited to any loss or damage you suffer in relation to any cancellation of your Enxo Points or refusal by Enxo or a Benefits Provider to honour Benefits or other rights accumulated by you or offers previously made to you through the Enxo Benefits Program.

When Your Circumstances Changes

If you travel for an extended period of time, change address or relocate to a country other than Australia, you must notify Enxo.
When a member dies, the Enxo Membership is no longer valid and the membership is closed. The Enxo Points expire immediately.
When a member changes their address, they must update their profile within 4 weeks of the date from which the change was made.
Enxo is not liable for any loss or damage whatsoever suffered by any person as a result of the cancellation or expiry of Enxo Points or closure or termination of someone’s Enxo Membership.

Your Details

You must give Enxo your correct and current personal information including your name, address, telephone number (mobile or home number), email address or other contact details.
You must advise Enxo as soon as practicable if any of your personal details change. If we do not have your correct and up to date details, we may not be able to contact you about your Membership or send you offers or Benefits. We may also need to restrict operations on your account, such as your ability to acquire Benefits.
You can easily update your details on the Enxo website or through the mobile application.
Or, you contact the Enxo Service Centre or by sending your changed details by email to Enxo.
If you need to change your name, you must provide proof of the change.
If you believe that someone else is using your Enxo Membership without your permission, please also notify us as soon as possible.
Failure to provide Enxo with correct and current personal information may result in suspension or termination of membership.
Enxo is not responsible for any changes notified incorrectly to Enxo, or by failure or delay to notify Enxo of any changes or unauthorized use of your Enxo Membership.

Your Other Responsibilities

You must comply with these Terms and Conditions at all times.
You must not abuse or misuse the Enxo Benefits Program, Benefits, facilities, services or arrangements provided to you as a Member.
You must not use any aspect of the Enxo Benefits Program in any way to engage in illegal or fraudulent activities.
You must not give, or attempt to give, false or misleading information to Enxo, any Enxo Partner or Benefit Provider in connection with any aspect of the Enxo Benefits Program.
You must not act in an abusive, offensive, aggressive or hostile way towards any staff of Enxo, an Enxo Partner or Benefit Provider.
You must not transfer or attempt to transfer your Enxo Membership to another person.
You cannot must not transfer, sell, or give, or attempt to transfer, sell, or give your Enxo points to any other person.

What Are the Benefits of being an Enxo Member?

Benefits include the a range of products and services for Enxo Members to purchase or acquire from Benefit Providers at attractive Member rates, including being able to:

• explore the world with Enxo travel
• receive offers on all the latest mobile and data plans
• save on your energy and health insurance
• access a world of entertainment

Please visit the Enxo website which contains a full list of Benefits available for purchase or acquisition by Members.
Benefits are provided to Enxo Members by Enxo Benefit Providers and not by Enxo.

How You Can Use your Enxo Points for Benefits?

The types of Benefits you can access depend on your Enxo Status Level.
Your Enxo Points balance determines your Enxo Status Level. The higher your Enxo Points balance, the higher your Enxo Status Level.
There are five Enxo Status Levels, which are as follows (in order of increasing status):

• Blue
• Bronze
• Silver
• Gold
• Platinum

Your Enxo Status Level automatically updates when you achieve a certain Enxo Points balance. The required Enxo Points balance for each Enxo Status Level is set out on the Enxo website.
You cannot redeem products, services or cash with your Enxo Points, however your Status Level will determine the Benefits you are able to attain.
For example, an Enxo Blue Member will receive the base discount rate on all affiliated products and services, and higher Enxo Status Levels will result in higher discount rates. The full table of benefits and points requirements, can be found on the Enxo website.

Who Can Earn Points?

Only an already registered Enxo Member can earn Enxo points and all points are strictly non-transferrable. Spouses, de facto spouses, family members, relatives, or friends cannot earn points on your behalf or be transferred any of your points.

How Do You Earn Points?

You earn Enxo Points on Eligible Transactions you enter into with an Enxo Partner by quoting your name and your Enxo Membership Number where applicable, or by using the Enxo app
You can find a list of Enxo Partners and Eligible Transactions on the Enxo website or you can speak to the Enxo Service Centre.
The Enxo website sets out how many Enxo Points apply to each Eligible Transaction. The number of Enxo Points that can be earned on an Eligible Transaction depends on the type of the product or service that you buy. Different products and services, from different Enxo Partners, attract more or less Enxo Points.
Please be aware that when you enter into an Eligible Transaction, it will be on the terms and conditions set by the Enxo Partner. You will be bound by their terms and conditions.
Rates and terms and conditions of Enxo Partners are subject to change. You should check the applicable rates, terms and conditions with the relevant Enxo Partner before entering into an Eligible Transaction where you are purchasing products or services from them.

Points are only earned on Eligible Transactions through Enxo

Enxo Points are only earned on Eligible Transactions for which you provide your Enxo Membership Number and when you make the purchase through Enxo, that is, through our website, mobile application or contact centre.
Enxo Points are not earned for any other transactions you may enter into with an Enxo Partner.

When Points Are Credited to Your Account

We credit Enxo Points to your Enxo Membership Account after we are notified by an Enxo Partner that, using your Enxo Membership Number or through the Enxo application, you have entered into an Eligible Transaction and that you have earned the corresponding number of Enxo Points.
Enxo is not responsible for any delay or failure of an Enxo Partner to notify us Enxo Points you have earned on an Eligible Transaction.
If you dispute the Enxo Points awarded for an Eligible Transaction, please notify us.

When Can Points Be Corrected, or Reversed?

We can correct Enxo Points incorrectly or invalidly credited to you, or otherwise credited to you not in accordance with or in breach of these Terms and Conditions, at any time. We can do this even if it would put your Enxo Account into a negative points balance.
Points will not be awarded in relation to any Eligible Transaction where the products or services are cancelled, refunded or returned. Enxo may cancel, deduct or otherwise adjust any Enxo Points that have been awarded in relation to cancelled, refunded or returned products or services.

How Long do Enxo Points Last For?

An Enxo Point, once credited to your Enxo Membership Account, lasts only for the amount of time specified as the Points Tenure in relation to the relevant Eligible Transaction on the Enxo website.
At the end of the applicable Points Tenure period for the Eligible Transaction, the relevant Enxo Point automatically expires.
The Points Tenure period differs depending on the specific Eligible Transaction. (For the avoidance of doubt, if no Points Tenure is specified in relation to an Eligible Transaction, the default Points Tenure period of 2 years applies
Points will also expire immediately when, in relation to an Eligible Transaction which is a service, a member cancels the service during the associated Points Tenure,
For example, if a member takes out an Enxo Energy plan and then subsequently cancels the plan 1 month later, the Enxo points that were credited for the purchase of the plan will be void and deducted from a member’s account. This transaction should occur automatically and member’s will generally not have to advise Enxo of their cancellation of a given service. A member can elect to contact Enxo and advise Enxo of a discrepancy if this becomes evident to the member.
You can learn more about how long Enxo Points on the website.
Once expired, an Enxo Point cannot be re-credited. Members are able to view their points balance and activity, to see when transactions occurred at any stage on the website, through the mobile application or by speaking with an Enxo representative in our Contact Centre.
You can check your Enxo Points Balance for your Membership at any time on the Enxo website or by using the Enxo application. We may also send you an Enxo Points Balance summary by email or by using your other contact details.

Value of Points

Enxo points do not have any monetary value and cannot be traded for cash. Enxo points cannot be used to make payment for any transaction.

Choosing a Benefit

Benefit details and Benefit Providers are listed at the Enxo website. You can find out find out what Benefits you may be able to avail of by visiting the website or by calling the Enxo Service Centre.
The Benefits you can avail of depend on your Enxo Status Level. The number of Enxo Points that are required to achieve a certain Enxo Status Level are determined by Enxo in its absolute discretion.
Enxo does not give any warranty or make any representation in relation to the underlying value of any Benefits.
Enxo reserves the right to make any changes at any time to the range of available Benefits, the number of Enxo Points required to achieve a certain Enxo Status Level, a Benefit and the applicable Terms and Conditions for acquiring the Benefit.

Acquiring a Benefit

All Benefits are subject to availability from the Benefit Provider.
If a Benefit is a product, if there is a shortage or delay, the Benefit Provider may substitute a product of equal or greater value, at the Benefit Provider’s absolute discretion.
Pictures of products are illustrative only. They are not the actual product or size of the product.
If a Benefit is a service (such as a hotel stay), bookings are subject to availability. A Benefit Provider may choose not to make a Benefit available on certain times or days (such as, for example, on special days like Easter, Christmas Day or Valentine's Day) or only to provide the Benefit to you on payment by you of additional charges.

Changing or Cancelling a Benefit

If you require a change or cancellation to your Benefit (whether a product or service), it is your responsibility to notify the Benefit Provider to request the change or cancellation and to confirm with them whether and on what terms, if any, they will permit the change or the cancellation.

Benefit Provider Terms and Conditions

All Benefit acquisitions are subject to these Terms and Conditions.
In addition, please note that any Benefit acquisition is subject to the Benefit Provider’s own terms and conditions.
When you acquire a Benefit, whether it is a product or service, your contract is directly with the Benefit Provider. The Benefit Provider may be a third party, not associated with Enxo. Their terms and conditions will apply will apply to your acquisition of that product or service. Those terms and conditions may be subject to change. Before acquiring a Benefit, please familiarise yourself with the terms and conditions of the Benefit Provider.
The Benefit Provider’s terms and conditions are in addition to the Enxo Terms and Conditions and do not replace the Enxo Terms and Conditions.

Additional Costs and Charges

If in acquiring a Benefit from a Benefit Provider, you are liable to pay for any surcharges, charges, fees, GST and taxes, unless a consumer guarantee pursuant to the Australian Consumer Law would not require you to pay such an amount, then you must pay such amounts. Enxo is not liable to pay such amounts.

Benefit Confirmation

When you have acquired or purchased a Benefit, Enxo will generally send you written confirmation containing details of the Benefit.
If the Benefit is for a service (such as a hotel stay), you may be required to retain the written confirmation and present it to the Benefit Provider to receive the Benefit. The Benefit Provider will be responsible for determining whether to honour a Benefit, if the Enxo Member has failed to produce the required written confirmation or other evidence of their transaction acceptable to the Benefit Provider. This evidence will depend on the product or service being received and may vary between Benefit Providers.
If you lose the written confirmation, it will not be re-issued. Enxo Points will not be re-credited.
If you need to book the service and this has not been confirmed through the Enxo application or Service Centre, it is your responsibility to contact the Benefit Provider and make the booking. You must confirm the booking is in relation to Enxo and provide your contact details, Enxo Membership Number and any other relevant details set out in the written confirmation. Written confirmation will be posted or delivered to your current Enxo Account email or postal address. It is therefore important you ensure Enxo has your current address and other contact details.

Timeframe of Delivery

Delivery is the responsibility of Benefit Providers, who will endeavour to deliver your Benefit within a reasonable time frame, but this may not always be possible. You must call Enxo as soon as possible if you do not receive your Benefit or Benefit written confirmation.

Claims for Non-Delivery and Damage

Enxo is not liable to you in any way for:

• any non-delivery of any Benefit to you or any failure to deliver a Benefit to you within any timeframe. or
• any damaged goods or products. or
• any services that have not been delivered, whether negligently, partially, or not at all.

Responsibility for delivering a Benefit to you is the responsibility of the relevant Benefit Provider. It is not the responsibility of Enxo.
If you have a concern about delivery of Benefits, you are required to contact and deal with the Benefit Provider directly.
This clause does not limit any applicable consumer guarantee applicable to Enxo under the Australian Consumer Law.

Exchanges and Refunds

Once you have received a Benefit, the Benefit will not be exchanged, cancelled or refunded by Enxo for any reason (except where that reason is covered by a consumer guarantee in the Australian Consumer Law that applies to Enxo).
You may ask the relevant Benefit Provider whether they will accept an exchange.

If Other Participating Organisations Have their Own Rewards Programs

By being a member of Enxo and using Enxo services, in no way precludes a member from utilising other member benefit and loyalty / reward programs offered by other organisations. Some Enxo Partners and Benefit Providers may have their own separate terms and conditions for awarding points which may change. Such terms and conditions are separate from the Enxo Benefits Program. You can find out more about those terms and conditions from the Enxo Partners and Benefit Providers themselves.

Changes to these Terms and Conditions

A copy of the current Terms and Conditions is available on the Enxo website.
Enxo will give you a copy (which may be in electronic form) of the Terms and Conditions at the time of joining the Enxo Benefits Program.
Enxo may change these Terms and Conditions at any time. Any change to these Terms and Conditions binds each Enxo Member. It is a Member’s responsibility to keep up-to-date with changes to these Terms and Conditions.
When Enxo elects to amend these terms and conditions, we will ensure best endeavours are made to alert our member base, through notifications on our website and via email. Failure by a Member to receive an alert is not the responsibility of Enxo. Any change to the Terms and Conditions will still bind the Member.
Enxo may make any change Enxo considers fit to these Terms and Conditions and the Enxo Benefits Program at any time.
Changes Enxo can make to these Terms and Conditions include, without limitation to:

• Enxo Partners and Benefit Providers, the range of Eligible Transactions / Products / Services for which you can earn Enxo Points.
• the number of Enxo points you can earn on Eligible Transactions, and the manner in which the number of points is calculated.
• the range of Benefits and the number of Enxo Points required to redeem acquire a Benefit.
• restrictions and conditions applicable to any Benefit.
• expiry of accrued Enxo Points.
• changes to any Enxo Group Company products or services.

An Enxo Member will be taken to have received notice of any change if Enxo notifies you by sending a notice to the Member’s email address given to Enxo by the Member or, if no valid email address is held by Enxo, by posting details of the changes on Enxo’s website.

Termination or suspension of Enxo Benefits Program

Enxo reserves the right to terminate or suspend the whole or any part of the Enxo Benefits Program at any time. Enxo gives no warranty or guarantee as to the continuing availability of the Enxo Benefits Program.
Enxo will endeavour to give at least 6 months’ notice to Enxo Members of termination or suspension of the Enxo Benefits Program. Enxo Members will be able to acquire Benefits according to their Enxo Status Level during the notice period.
If Enxo ceases to operate its business, the Enxo Benefits Program will cease immediately. In this case, any Enxo Benefits and Enxo Points will immediately be cancelled without notice.
Enxo is not liable to you for the termination of the Enxo Benefits Program for any reason whatsoever, including (without limitation) for any Enxo points in your Account at the time of termination.

Our Liability to You

Enxo acknowledges that certain laws imply terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded, such as consumer guarantees under the Australian Consumer Law. Nothing in these Terms and Conditions limits your rights under those laws.
Subject to this proviso, any liability (including, without limitation, liability for consequential or economic loss or loss of profits) arising under or in connection with these Terms and Conditions or the Enxo Benefits Program including any changes to the Terms and Conditions or Enxo Benefits Program, Enxo, the Enxo Group of Companies and any of their officers, employees or agents may have to you in negligence, breach of contract or otherwise, and all conditions and warranties as to the condition, suitability, quality, fitness or safety of any goods or services supplied by Enxo whether express or implied by statute, are excluded to the fullest extent permitted by law.
Where liability cannot be excluded, our liability to you will in all cases be limited to:

• the cost of re-supplying the goods or services or repairing, or paying the costs of repairing, the goods.
• reinstating number of Enxo Points in dispute. or,
• where the dispute relates to a Benefit, the number of points required to redeem acquire the Benefit.

Any tax, liability, or duty incurred by a member arising from a member's participation in the Enxo Benefits Program is the responsibility of the Member.

Definitions

The expressions have the following meanings in this document:

ExpressionMeaning

Governing Law

The Terms and Conditions and Enxo Membership are governed by the laws of the State of Victoria, Australia.
In any legal process in relation to any matter or thing concerning these Terms and Conditions, the Enxo Benefits Program or Enxo Membership, you submit to the non-exclusive jurisdiction of the State of Victoria.

Rights that Cannot Be Excluded

Nothing in these Terms and Conditions affects any rights an Enxo Member may have and which by law cannot be excluded, including under the Competition and Consumer Act 2010 and State and Territory consumer protection legislation.

Severance

If part or all of any provision of these Terms and Conditions is illegal, invalid or unenforceable then it is to be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable. If that is not possible, that part or whole of the relevant provision is to be severed from these Terms and Conditions, and the remaining provisions of these Terms and Conditions will continue to have full force and effect.

Taxation Implications

There may be tax implications for your financial position in relation to your participation in the Enxo Benefits Program. Benefits may be subject to personal income or other tax assessment. You are advised to check with your accountant or tax adviser for further information to ensure that you understand possible taxation implications, if any.

Dispute Resolution

Any dispute arising pursuant to these terms and conditions or in any way in relation to Enxo Membership must be resolved in accordance with Enxo’s Complaints and Dispute Resolution Procedure.

Interpretation

In these Terms and Conditions, unless the contrary intention appears:

• the singular includes the plural and vice versa.
• unless otherwise stated, all dollar amounts include any applicable GST.
• a reference to 'include' or 'including' means 'including but not limited to'.
• footnotes do not form part of the Terms and Conditions and must not be used in interpretation. and
• boldings and headings are for ease of reading and must not be used in interpretation.

These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and Enxo.
If part or all of any provision of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.