TERMS
AND
CONDITIONS

 

POWER PERKS TERMS AND CONDITIONS

Legal contract

  1. In clicking “AGREE”, You are entering into a legally binding contract with Niterra Australia Pty Ltd (ABN 94 005 601 294) (Niterra, We or Us).
  2. The terms of this contract are set out in these terms and conditions (T&Cs).
  3. In these T&Cs:
    1. Eligible Products means products sold in Australia by Us;
    2. Interface means the website at www.powerperks.com.au or any other website or downloadable smart device software application as We may allow and or specify from time to time;
    3. Points means credits under the Program, whether or not those credits are referred to as “points” within the Program;
    4. Program means the Power Perks loyalty rewards program;
    5. Rewards means rewards that can be earned by redeeming Points and Special Credits;
    6. Special Credits means credits under the Program that are not Points;
    7. You means the person registering to participate in the Program.

Participation in the program

  1. Participation in the Program is limited to purchasers of Eligible Products who have registered to participate in the Program at the time of claiming and redeeming Points under the Program.
  2. To participate in the Program, You must register through the Interface and provide all of the information that is designated as being required.  You may also provide optional information if You wish.
  3. Registration must be authorised by the ABN holder and only one registration per ABN is permitted.  We may amalgamate or delete any listings that are duplicated or that We reasonably believe not authorised by the ABN holder.

Claiming points

  1. You may claim Points and any Special Credits through the Interface, and in our discretion through such other means as We may communicate such as downloadable smart device applications.
  2. We solely determine how You may claim Points and any Special Credits, and the rate at which You may claim such Points and Special Credits.  We will publish these claim rates on the Interface.
  3. To claim Points, You must:
    1. be the purchaser of the relevant Eligible Goods;

    2. products should not be purchased from the manufacturer and only AfterMarket products

    3. demonstrate that You meet the eligibility requirements for the claim of such Points by providing:
      1. proof of purchase in the form of a legible copy, scan or photograph of the purchase receipt that identifies:
        1. the Eligible Products;
        2. the purchaser;
        3. all other goods purchased in the same transaction; and
        4. the vendor and date of purchase; and
      2. such other information, and comply with such other formalities and requirements, as We may reasonably communicate and require as part of the claim process.  We may vary those formalities and requirements from time to time.
  4. We may in our discretion allow You to earn Points or Special Credits in additional ways that We may announce, vary or cancel from time to time.
  5. Each purchase of Eligible Goods and proof of purchase in relation to those goods may only be used to claim Points and Special Credits once. 
  6. If We reasonably believe You are seeking to:
    1. double-claim;
    2. claim for Eligible Goods that were not purchased by You; or
    3. You have obscured or omitted parts of the proof of purchase that may allow us to identify such defective claim,

then We may reject your claim and where We have awarded You Points or Special Credits We may cancel them.

Redeeming Points

  1. You may redeem Points and any Special Credits for Rewards through the Interface, and in Our discretion through such other means as We may communicate such as downloadable smart device applications.
  2. We solely determine how You may redeem Points and any Special Credits, and the Rewards for which You may redeem such Points and Special Credits and their cost in Points and/or Special Credits.  We will publish these rewards and their cost in Points and/or Special Credits on the Interface.
  3. We may allow or require Rewards to be redeemed for one or a combination of Points, Special Credits and cash payment.
  4. We may require that shipping of Rewards be paid for in one or a combination of Points, Special Credits and cash payments.
  5. Some Rewards may have limited availability.  We cannot guarantee that certain Rewards will be available at the time of redemption.
  6. You acknowledge that Special Credits may related to a limited-time promotion and be redeemable during a limited time only, and in relation to a limited stock of Rewards.
  7. Points and Special Credits may not be redeemed for cash.

Expiry of Points

  1. We pay in our discretion set an expiry date for Points and for Special Credits, either from the date of purchase, from the date of your claim or from the date that You last logged into or interacted with the Interface.
  2. You acknowledge that Special Credits may have a shorter expiry date than Points.

Points Promotions

Available to registered members of the Power Perks program.
Promotional points will be applied to all eligible sales claimed during the promotional period outlined. For invoices to be eligible for claim during the promotional period, the invoice must be dated 1 July 2023 or newer. Not available for previously claimed purchases. One claim per invoice.

Your data and use of the Interface

  1. As between You and Us, You remain the owner of all data and documents that You upload to the Interface.
  2. You must not use the Interface:
    1. for a purpose for which it is not intended;
    2. in a manner that is likely to materially affect the operation or functionality of the Interface.
  3. You must not upload any data or document to the Interface that:
    1. is does not relate to the purchase of Eligible Products;
    2. infringes third party copyright;
    3. is in any way defamatory, offensive or illegal; or
    4. contains any malware, spyware or other executable code.
  4. In collecting, using and disclosing your data and documents, We will comply with our privacy policy at https://www.ngk.com.au/privacy-policy/.
  5. You are responsible for keeping your login and password to the Interface safe and changing your password if You believe that it has been compromised.

Features

  1. We may add, remove or alter features within the Interface without notice to You.
  2. We may require You to download new versions of the Interface or of any web browsers or operating soto continue to interact with the Interface.

Termination

  1. We may cease to operate the Program after posting a notice for at least 1 month on the Interface.  You are solely responsible for claiming and redeeming any Points and Special Credits during this notice period.
  2. We may suspend or terminate your access to the Interface without notice if We reasonably believe that You have materially breached these T&Cs, or through your conduct threaten the orderly and effective operation of the Interface or Program.

Legals

  1. These T&Cs are governed by the laws of Victoria, Australia.  You agree to the non-exclusive jurisdiction of the courts of Victoria, Australia and the federal courts of Australia in hearing any dispute relating to the Program.
  2. We do not warrant that the Interface will be available 100% of the time.  The Interface may be unavailable for reasonable maintenance purposes.  We will use reasonable efforts to post scheduled maintenance unavailability times in the Interface.
  3. You must indemnify us and keep us safe against any cost, expense or liability arising out of claims by third parties that:
    1. the data and documents you have uploaded to the Database infringes third party intellectual property rights, is defamatory, offensive or illegal; or
    2. You have claimed Points or Special Credits for Eligible Goods that were not purchased by You.
  4. We may unilaterally amend these T&Cs by posting a notice on the Interface.  If You do not agree to those amendments, You may download your data and documents from the Database and close your account.

​Program Communications

  1. By opting into the Power Perks Program and accepting the terms and conditions you are agreeing to receive regular marketing communications by email and SMS. You can opt out of these communications by following the unsubscribe instructions in the footer of all emails or replying STOP to SMS communications.  
     

By clicking “I AGREE”, I agree to be legally bound by these terms and conditions.