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Terms and Conditions – Referral Program

1. Definitions
‘Builder Representative’ means a representative of a licensed building company.
‘Developer’ means Jinding Developments Pty Ltd or its related entities responsible for developing the Communities.
‘Community’ means the development project being carried out by the Developer at Harriott at Armstrong Creek, The Patch Wollert or Octave Junction Village.
‘Contract of Sale’ means an unconditional, binding contract of sale between the Developer as the vendor and the Prospective Purchaser as the purchaser relating to the Lot.
‘Estate Manager’ means the red23 sales manager appointed to sell Lots in the Community.
‘Lot’ means a lot in an eligible Community that is available for purchase during the Period.
‘Period’ means the period which commences at 9:00 am on 1 May 2022 and ends at 5:00 pm on 31 December 2022.
‘Prospective Purchaser’ means a natural person over the age of 18 years who is referred to the Community by the Referrer through the Referral Form but excludes a person who, in the reasonable opinion of the Estate Manager does not already exist in the project enquiry database at the time the referral is received by the project Estate Manager and has not been referred to a Community by any other party or is a nominee under an existing Contract of Sale or on-sale.
‘Referral Form’ means the online referral form made available at jindingdevelopments.com.au.
‘Referrer’ means either:
(a) a Builder Representative; or
(b) a natural person over the age of 18 years,
who refers a Prospective Purchaser to the Community.

2. Referral or introduction
Subject to Clause 3 below, if a Referrer refers or introduces a Prospective Purchaser to a Community and such introduction results in the Prospective Purchaser:
a) entering into a Contract of Sale for the purchase of a Lot during the Period; and
b) paying a 10% deposit, or providing a bank guarantee, in accordance with the terms of the Contract of Sale;
c) effects settlement of the Contract of Sale on the due date; and
d) has complied with all other terms of the Contract of Sale
the Developer will pay:
e) to the Referrer $5,000 (Referral Fee) to an account nominated by the Referrer within 30 days of the due date for settlement as set out in the Contract of Sale;
f) to the purchaser of the Lot a rebate of $5,000 (Rebate)

3. Payment
Payment under clause 2 is conditional on:
a) the conditions set out in clause 2(a) – (d) being satisfied by the Prospective Purchaser;
b) the Referrer submitting a completed Referral Form which has been received and acknowledged by the Estate Manager prior to the Prospective Purchaser entering into a Contract of Sale.

4. How will the Rebate be applied?
The Rebate will be adjusted in favour of the eligible purchaser by the vendor at settlement of the Contract of Sale and results in an adjustment (reduction) of the balance of the purchase price payable by the purchaser at settlement. Therefore the purchaser will be required to pay the full deposit upon signing the Contract of Sale and the Rebate will reduce the balance payment payable by the purchaser at settlement.

Rebates are limited to one per Contract of Sale. The Rebate is not transferable or exchangeable and cannot be taken as cash.

Other terms
a) This promotion cannot be used in conjunction with any other offer without the Developer’s approval.
b) The Promotion is not an offer of finance.
c) The Developer takes no responsibility and shall not be liable for:
i. late, lost, misdirected, incomplete or incorrect Referral Forms;
ii. any financial or legal implications (or otherwise) that may arise from the Referral Program.
d) The Developer reserves the right to review, change or discontinue this Referral Program at any time.
e) The Developer reserves the right, at its absolute discretion, not to accept a referral.
f) Where a Potential Purchaser is referred by more than one Referrer, only the first Referrer making the referral (based on the time and date that the Estate Manager receive a completed Referral Form, determined by the Developer in its absolute discretion) will be entitled to the $5,000 referral fee.
g) To the extent permitted by law, under no circumstances will the Developer be liable to the Referrer or Potential Purchaser for any direct, indirect, consequential, exemplary, incidental, special or punitive damages arising out of or in connection with the Referrer’s and the Potential Purchaser’s participation in this promotion or accepting or using the Referral Fee and/or Rebate, even if the Developer has been advised of the possibility of such damages.
h) All other terms and conditions in the Contract of Sale apply. To the extent of any inconsistency between these terms and conditions and the Contract of Sale, the Contract of Sale will prevail.
i) If, for any reason whatsoever, the promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other cause beyond the control of the Developer which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Promotion, the Developer reserves its right in its sole discretion to take any action that may be available, subject to State and Territory regulations. The Developer reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the promotion for any reason the Promoter’s circumstances change.
j) These terms and conditions are governed by the laws of the state of Victoria.

As part of your registration, you will need to read and agree to this Privacy Collection Statement in addition to the general Jinding Group Privacy Policy (available on https://www.jindingau.com/privacy-policy/). Australia Jinding Group Pty Ltd and its related entities (Jinding) collects and uses personal information about you to engage with you in relation to the sale of property to you. Jinding Australia also uses your personal information for related purposes including to request your feedback on the products and services provided by Jinding. If you do not provide all the personal information Jinding requests from you, Jinding may not be able to provide these products or services to you. Jinding may disclose personal information about you to third party agents and service providers to assist Jinding in relation to the referral program, in the sale of property at Harriott at Armstrong Creek, The Patch Wollert or Octave Junction Village and in the operation of its business to provide the products and services you request. The general Jinding Privacy Policy contains information about how you may request access to and correction of personal information Jinding Australia holds about you, or to make a complaint about an alleged breach of the Australian Privacy Principles. By submitting this form, both the referrer and the referred person agree to the provided terms and conditions, and agree to Jinding Australia using your personal information in relation to the referral program and to promote its products and services. If you no longer wish to receive promotional information from Jinding, you may advise Jinding Australia of your wish. The Jinding Privacy Policy contains information about how you may send your request to Jinding Australia.

If you have any queries in relation to any of the above terms and conditions, please contact the red23 sales team by melissa@red23.com.au or on 03 9540 0477.