1. What terms apply to your use of the Code?

The Code has been issued to you subject to these terms and conditions (Ts&Cs).

Before using the Code you should read these Ts&Cs in full and contact us if you have any questions about the use of the Code and/or these Ts&Cs (contact details are set out in section 4).  

By using the Code you acknowledge and agree that you have read and understood, and agree to be bound by these Ts&Cs. 

2. What definitions apply to these Ts&Cs?

In these Ts&Cs unless the context otherwise requires –

Code means the unique code issued by us and made available for use by you in accordance with these Ts&Cs.

Benefits means benefits available to you when use the Code, including the Discount, as notified by us when we issue you with the Code, and as amended from time to time in accordance with these Ts&Cs.

Discount means the discount on Product(s) details of which are set out in section 6.

Insolvent means “bankrupt”, “insolvent under administration” or an “externally administered body corporate” as each of these words and phrases are defined in the Corporations Act 2001 (Cth).

Loss means any damage, loss, liability, cost, charge, expense, penalty, outgoing or payment (whether direct or indirect, consequential or incidental) and includes legal costs and expenses on a full indemnity basis.

Parties means us and/or you, as applicable.

Permanently Incapacitated means where a person is deceased or so injured or incapacitated as, in our reasonable opinion, to be unable to perform their obligations on an ongoing and permanent basis.

Product(s) means either -

• a product or products offered by us for sale instore or online; or
• a product or products nominated by us from time to time, in relation to which you are able to access the Discount,

as applicable in these Ts&Cs.

Program means the program operated by us in Australia, in relation to which the Code has been issued, in accordance with these Ts&Cs.

Services means either -

• the services offered by us for sale instore or online; or
• services nominated by us from time to time, in relation to which you are able to access the Benefits,

as applicable in these Ts&Cs.

Ts&Cs means these Ts&Cs and any terms and conditions set out on the Website or in any other communications we send to you, including any changes made to these Ts&Cs in accordance with these Ts&Cs.

Uncontrollable Event means anything which is not reasonably within the control of the Party affected (e.g. natural disaster, pandemic, epidemic, strike, transportation delays, delays caused by government).

we or us or our is a reference to Brightlite Nominees ABN 13 322 464 749 of 5 Bastow Place, Mulgrave, Victoria 3170 trading as Beacon Lighting and includes Beacon Lighting franchisees who own and operate any Beacon Lighting stores and are participating in our Program (Participating Beacon Lighting franchisees) and, where applicable, our employees, contractors, agents and assignees and the employees, contractors, agents and assignees of any Participating Beacon Lighting franchisees (as applicable).

Website means https://www.beaconlighting.com.au/ or any replacement website operated by us and notified to you from time to time.

you or your is a reference to the person to whom we have issued the Code.

3. What interpretation provisions apply to these Ts&Cs?

In these Ts&Cs, unless the context otherwise requires –

• words and phrases defined in section 2 or any other section of these Ts&Cs will have the meaning given to them in that section;
• any agreement, warranty, representation or obligation which binds or benefits two or more persons under these Ts&Cs, binds or benefits those persons jointly and severally;
• headings appear for convenience only and do not form part of these Ts&Cs;
• a reference to –
  • a time of day means that time of day in the State of Victoria;
  • the singular includes the plural and vice versa;
  • any gender includes all other genders;
  • a person includes an individual, a body corporate and a government;
  • any other agreement, document or instrument includes any changes to that agreement, document or instrument;
  • a section is a reference to a section in these Ts&Cs;
  • "including" means "including without limitation";
  • any thing or amount is a reference to the whole and/or each part of it;
  • "$" or "dollars" is a reference to the lawful currency of Australia;
  • a day means a period of time commencing at midnight and ending 24 hours later;
  • a statute or statutory provision includes any statutory provision which amends, extends, consolidates or replaces, or has been amended, extended, consolidated or replaced by, that statute or statutory provision and any other orders, regulations, instruments or other subordinate legislation made under that statute or statutory provision;
• examples contained in these Ts&Cs are descriptive only and are not intended to be exhaustive;
• where a period of time is specified and dates from a given day or the day of an act or event it must be calculated exclusive of that day;
• a provision these Ts&Cs which has the effect of requiring anything to be done on or by a date which is not a business day must be interpreted as if it requires it to be done on or by the next business day;

4. How can you contact us?

If you –

• have any questions or complaints (e.g. the Code is not working);
• wish to report any issues (e.g. a lost or stolen Code),

you can contact our customer service team on 03 8561 1502 between the hours of Monday - Friday: 8am - 9pm, Saturday: 9am - 6pm, Sunday 10am – 6pm AEST or speak to one of our staff instore during store business hours or email us on support@beaconlighting.com.au anytime.   Our customer service team member will take your call or respond to your email as soon as they are able.  So that our customer service team member can make sure they are speaking to the right person, you may be required to provide information to our customer service team member so that they can verify your identity.

5. Can we change these Ts&Cs?

We may, acting reasonably, change these Ts&Cs at any time.   This may include changes to the Benefits, including the Discount.

We will give advance notice of any change to these Ts&Cs on our Website, which will give you an opportunity to use the Code within the period of that advance notice, in the event that you do not agree to the relevant change.

You can also contact us at any time (contact details are set out in section 4) to obtain a copy of our current Ts&Cs.  

By using the Code after we have given advance notice of a change to these Ts&Cs, you will be considered to have agreed to the change to these Ts&Cs.

6. How does the Code work?

Use the Code to access the following Benefits –

• a 20% discount off the recommended retail price (RRP) of Product(s) purchased instore or online*; and
• our lighting design consultation services in our studio (valued at $250) or in your own home, office or work site in person or via video call (valued at $100) at no charge by using the Code when booking instore or online at beaconlighting.com.au/trade/trade-design

The Code is a one-off code and needs to be used within 5 years.

*     If the already discounted price of the Product(s) (i.e. if there is an existing offer or promotion available) is lower, then you will pay the already discounted price.    For example, if the RRP of a fan is $200 and there is currently a 50% off promotion instore/online so the fan is selling for $100, 20% off the RRP of the fan is $160 and the already discounted price of the fan is $100, and so you will pay $100.   All Services offered by us online or instore and Product(s) under the Mammoth Fans, Amazon, Google, Philips Hue, LIFX, GE Imagine and IXL range as well as clearance products and giftcards are excluded from the above discount.  In the case of our VIP customers, you can only apply your usual VIP discount or the discount above to globes, not both.

If you return Product(s) purchased using the above discount in exchange for a refund, the refund will be for the amount paid by you for the Product(s) (i.e. discounted price) and not the RRP of the Product(s).  For example, if the RRP of a fan is $200 and you used your discount to buy it for $160 and now you are returning the fan for a refund, you will receive $160 as your refund, which is the amount you paid.

The Beacon Trade Loyalty Program member who referred you to us will earn Beacon Cash, at the rate of 2% of the price paid by you for Product(s) purchased using the Code.   By using the Code you acknowledge that we have disclosed this benefit to you.

We may, acting reasonably, make changes to the Benefits, including the Discount, at any time.   How we will make these changes is set out in section 5.

The Benefits, including the Discount, cannot be used in conjunction with any other offers or promotions available at the time, unless we specify that they can be used in conjunction with a particular offer or promotion.   

You are under no obligation to use the Code. 

7. What happens if the Code is lost or stolen?

If the Code is lost or stolen you should immediately contact us (contact details are set out in section 4).  We will cancel your lost or stolen Code and issue you with a new Code.

By using your new Code you will be able to access the Benefits, including the Discount.

To the extent permitted by law, we will not be responsible for any Loss you may incur as a result of the use or misuse of the Code, except to the extent that we have caused or contributed to that Loss.  

8. What are your responsibilities in relation to access to the Code?

The Code can be used by any person who has access to the Code.   To the extent permitted by law, we will not be responsible for any Loss you may incur as a result of the use or misuse of the Code, except to the extent that we have caused or contributed to that Loss. 

Any tax, duty or other liability incurred in connection with the use of the Code is your responsibility.

9. What restrictions apply to the Benefits?

 Any Benefits you receive cannot be exchanged, returned or refunded except as expressly set out in these Ts&Cs and any other terms and conditions which apply to the purchase of Product(s) and/or provision of Services.

10. What are our rights in relation to Your Code and the Benefits?

For information about changes we can make to our Program, these Ts&Cs and the Benefits, including the Discount, see details in sections 5 and 6.

We reserve the right at any time to –

• refuse you access to the Benefits;
• cancel the Code;
• reverse the Benefits,

if we have reasonable grounds to do so (see details below) –

• if you use or attempt to use the Code in breach of these Ts&Cs or do anything in breach of these Ts&Cs;
• if you act or intend to act dishonestly or fraudulently, or we have reasonable grounds to believe that you have acted or intend to act dishonestly or fraudulently (e.g. you purchase Product(s) for another person using the Code);
• if you become Insolvent or Permanently Incapacitated;
• you do not use the Code within 5 years.

We will give you notice, as soon as reasonably practicable, if we cancel the Code.  On cancellation, you will not be able to access the Benefits.

We reserve the right, at any time, to suspend or terminate our Program.   We will give advance notice of suspension or termination of our Program on our Website.  If we terminate our Program, we will give you an opportunity to use the Code within the period of that advance notice.

If we suspend our Program you will not be able to use the Code during the period of suspension.  If we suspend our Program we will give you notice when we lift the suspension.

To the extent permitted by law, we will not be responsible for any Loss you may incur as a result of the suspension or cancellation of the Code or the suspension or termination of our Program.  

11. What is our liability to you under the Program?

You acknowledge that –

• it may take us time to –
  • issue you with the Code;
  • give you any notice under these Ts&Cs;
• we may do something which is not in accordance with these Ts&Cs or not do something which we are required to do under these Ts&Cs (e.g. you may receive information from us about the Code or the Benefits that is incorrect);
• information and/or documents we deliver to you may be lost, stolen or damaged;
• we may suspend and/or terminate our Program (see details in section10).

To the extent permitted by law –

• we will not be responsible for any Loss you may incur as a result of any of the above;
• any liability we may have to you in negligence, breach of contract or otherwise (e.g. personal injury or loss of opportunity), whether direct or indirect, special or consequential, and all conditions and warranties as to the condition, suitability, quality, fitness or safety of any goods or services we supply to you under our Program, whether express or implied by statute, are excluded, or 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, repairing the goods or paying the costs of repairing the goods;
  • if we have not given you access to the Benefits to which you are entitled, access to the relevant Benefits.

12. What other general terms apply to the Program?

 Cancellation of the Code or suspension or termination of the Program

The cancellation of the Code or suspension or termination of our Program will not affect any provision contained in these Ts&Cs which expressly or by implication is to become operative or continue to operate after such suspension, cancellation or termination.

Severance

The provisions set out in these Ts&Cs will be separate and severable from each other to the extent that if any provision or provisions are considered inoperative, then the remaining provision or provisions will be binding on and enforceable by the Parties. 

Further assurances

Each Party must do all things necessary to give full effect to the provisions in these Ts&Cs and the rights and obligations of that Party as set out in these Ts&Cs.

Events beyond the control of the parties

If by reason of an Uncontrollable Event, a Party is unable to perform all or any of its obligations under these Ts&Cs that Party –

• must give prompt notice, full Particulars, and an estimate of the likely duration, of the Uncontrollable Event to all the Parties;
• will be relieved of that obligation to the extent and for the period that they are so unable to perform;
• must not be liable to any of the Parties in respect of such inability;
• must use all possible diligence to remove the Uncontrollable Event as quickly as possible.

The requirement under this section will not require the settlement of strikes, lockouts or other labour disputes, claims or demands by any government contrary to the wishes of the affected Party.

Effect of waiver

Any delay or failure to enforce any provision in these Ts&Cs will not be a waiver of any such provision.   Any waiver by a Party of a provision in these Ts&Cs must be in writing and will not constitute a waiver of subsequent breaches of the same or of a different kind.

Exclusion of laws

Except to the extent prohibited by law, the Parties exclude any terms implied or imported by application of law.

Communications

All notices, requests, consents, approvals, offers or other communications (Communications) given under these Ts&Cs must be in writing and may be –

• delivered personally, in which case they will be considered to have been delivered on delivery;
• sent by prepaid post, in which case they will be considered to have been delivered on the following business day (ie. any day other than a Saturday, Sunday or public holiday in the city of Melbourne), notwithstanding that they may subsequently be returned through the Post Office unclaimed; or
• sent by email, in which case they will be considered to have been delivered on receipt by the sender of confirmation on its computer that the message has been delivered.

If any Communication is delivered or sent by email on a day, other than a business day, or after 5.00pm on a business day, the Communication will be considered to have been received on the following business day.

Governing law

These Ts&Cs are governed by the laws of the State of Victoria and the Parties submit to the jurisdiction of the Courts of that State and Courts competent to hear appeals from those Courts.

No ability to bind us

No agent, employee or representative of ours will have any authority whatsoever to bind us to any affirmation, representation, warranty or condition concerning our Program and these Ts&Cs unless such affirmation, representation, warranty or condition is specifically included in writing within these Ts&Cs.

Last modified 6 December 2022