Disclaimer & Terms and Conditions

The North Harbour Builder Rep Referral Promotion applies only to lots within the North Harbour Estate for a limited time and is subject to terms and conditions and eligibility criteria, full details of which are outlined here or on request from North Harbour. All matters (including the Promotion Period, the price and availability of Eligible Lots, the amount and availability of any vouchers, payments and incentives and any other matters relating to The North Harbour Builder Rep Referral Promotion) are subject to change without notice at North Harbour’s absolute discretion. This does not form part of any contract and purchasers should review the contract carefully, make their own inquiries and obtain independent financial and legal advice before proceeding.

Terms & Conditions

The North Harbour Builder Rep Referral Promotion (‘Promotion’) The North Harbour Builder Rep Referral Promotion (‘Promotion’).

Promotion Details

1. In these terms and conditions and any marketing materials and advertisements relating to the Promotion, “NH” means the relevant entity associated with or related to North Harbour Holdings Pty Ltd ABN 28 101 569 457 trading as North Harbour that owns and is selling land within the ‘North Harbour’ Estate at Burpengary East, Queensland (“NH Estate’).
2. These terms and conditions apply to the Promotion being conducted by NH in respect of land within the NH Estate.
3. The Promotion runs from February 27 2023 until it is withdrawn by NH (‘Promotion Period’).
4. The Promotion applies to, and the benefits of the Promotion are available in respect of all available lots within the NH Estate during the Promotion Period (‘Eligible Lots’).
5. It is the responsibility of the referrer (‘NH Referrer’) who intends to participate in the Promotion to:
   a. enquire with NH as to their eligibility to participate in the Promotion and as to the applicability of the Promotion within the NH Estate; and
   b. enquire with NH as to the eligibility of the purchaser they are interested in referring to NH (‘Referred Purchaser’), prior to the Referred Purchaser commencing any discussions, inquiries or negotiations with NH in relation to the purchase of an Eligible Lot.
6. Except as expressly provided for in any duly constituted and executed contract, neither NH nor any of its employees, agents or officers gives any warranty or makes any representation as to the accuracy or sufficiency of any description, illustration, photograph or statement contained in any advertisement, or any information or statements made or given by its employees, agents or contractors in respect of the Promotion, any NH Estate or any Eligible Lot. Neither NH nor any of its employees, agents or officers will be liable for any loss or damage suffered or incurred by any party who relies upon the information in any advertisement, publication or statement except for any liability which cannot be excluded by law.

Eligibility

7. Each NH Referrer who jointly complies with the following conditions will be entitled to receive Visa or Mastercard Debit Cards containing prepaid credit to the value of $2,500 (‘Debit Card’) each, namely:
   1. With respect to the NH Referrer:
      1. the NH Referrer must be an individual person (sales or builder representative); and
      2. the NH Referrer must give NH written notice identifying the Referred Purchaser who is entering into a contract of sale for an Eligible Lot during the Promotion Period before the Referred Purchaser commences any discussions, inquiries or negotiations with NH in relation to the purchase of an Eligible Lot (in the form(s) required by NH acting reasonably from time to time);
   2. With respect to the Referred Purchaser:
      1. the Referred Purchaser:
         1. must be a new customer of NH and must not previously have completed a registration of interest form with respect to the NH Estate; or
         2. where the Referred Purchaser is not a new customer of NH and has previously completed a registration of interest form with respect to a NH Estate, the Referred Purchaser must not have had any contact with NH (either at its or NH’s initiation) for a period of no less than 12 months prior to the commencement of the Promotion;
         3. the Referred Purchaser must complete settlement of a contract of sale for the purchase of the Eligible Lot (‘Contract’) and must not have defaulted under the Contract.
8. NH may, in its sole discretion, make a cash payment to a NH Referrer in lieu of a Debit Card.
9. Any duties, taxes, levies or charges which may be payable as a consequence of receiving the Debit Card are the sole responsibility of the recipient of the Debit Card.
10. The Debit Card is subject to these terms and conditions and is not transferable, nor redeemable or exchangeable for monetary payment or a discount or rebate on the purchase price of an Eligible Lot unless agreed to by NH (at its absolute discretion).
11. Each NH Referrer entitled to a Debit Card will be telephoned and asked to provide a postal address for the Debit Card to be mailed to by registered post.
12. Debit Cards will be sent to each entitled NH Referrer after the terms and conditions set out herein have been complied with in full.
13. Each NH Referrer agrees that where NH cannot reasonably contact the relevant NH Referrer within 3 months of settlement of the relevant Eligible Lot and the terms and conditions set out herein have been complied with, the relevant Debit Card will be forfeited to NH and the NH Referrer will have no claim or recourse against NH.
14. NH Referrers acknowledge and agree that:
    1. any failure to provide NH with written notice specified in clauses 7(a)(ii) and 7(b)(i) before a Referred Purchaser enters into a Contract with NH for an Eligible Lot will make the NH Referrer ineligible for the Promotion;
    2. a Debit Card may expire or become void and may not be redeemed if it expires or is defaced, stolen, damaged, altered or otherwise damaged or tampered with in any way;
    3. neither NH nor its related entities will be liable to reissue or reimburse any NH Referrers for any remaining dollar value on any Debit Card which is so expired, defaced, stolen, damaged, altered or otherwise damaged or tampered with in any way.
15. NH Referrers acknowledge that if they are given a Debit Card in the course of participating in the Promotion, they are bound by all terms and conditions relating to that Debit Card, including cancellations and lost cards and they will not make any consequent claim against or objection to NH.
16. In the event of any dispute as to eligibility to participate in the Promotion or the Debit Card, including a decision by NH to offer the Debit Card to a NH Referrer who may not otherwise be eligible for the Promotion, eligibility will be determined by NH and NH’s decision will be final and binding.

General Terms of the Promotion

17. The benefits under the Promotion are not available in conjunction with any other promotion or offer by NH and the Promotion is subject to all terms and conditions contained in the Contract entered into by the Referred Purchaser and NH. To the extent of any inconsistency between these terms and conditions and the terms of the Contract, the Contract shall prevail.
18. Neither NH nor any of its employees, agents or officers will be liable for any loss or damage suffered or incurred by any person:
    a. who relies upon the information in any advertisement relating to the Promotion or participates in the Promotion (except for any liability which cannot be excluded by law); or
    b. as a result of NH’s inability to provide any benefit of the Promotion for reasons outside NH’s control (including but not limited to the acts of any third parties and their employees and agents).
19. NH may cancel or make changes to the Promotion at any time without notice. Such changes may include adding or withdrawing Eligible Lots or shortening or extending the Promotion Period.
20. These terms and conditions supersede any prior terms and conditions for the Promotion.

Privacy

22. NH collects personal information in order to conduct the Promotion, to assist in providing the products or services an individual has requested (if any), and to improve its products and services. NH may use the information for promotional, marketing, publicity, research and profiling purposes, and may be in touch by any means (including telephone, email or SMS) at any time to let an individual know about products, services or promotional activities which may be of interest until the individual informs NH otherwise.
23. NH may also share individuals’ information with other persons or entities who assist it in providing its products or services or running competitions or trade promotions. NH may also disclose personal information to third parties as required by Australian regulatory authorities. 24. NH is bound by the National Privacy Principles in the Privacy Act 1988 (Cth), and by participating in the Promotion, each individual is taken to consent to NH’s privacy policy. To view NH’s privacy policy please contact NH. Participants should direct any request to access, update or correct personal information to North Harbour.

By participating in the Promotion, Eligible Participants accept and agree to comply with, and be bound by, these Terms and the Schedule. Where there is inconsistency between the Schedule and these Terms, the Schedule will prevail.  The Terms and Schedule are the entire agreement between the Promoter and the Eligible Participant. Eligible Participants are encouraged to obtain independent legal advice before entering into this Promotion or into any legally binding contracts for Qualifying Land.

Schedule

Promoter

North Harbour Holdings Pty Ltd ACN 101 569 457
44 Brook Crescent, Burpengary East QLD 4505
(07) 5433 1111

Eligibility to Participate

Participation in the Promotion is available to any Australian resident that is over 18 years of age (subject to clause 6 of the Terms below) and eligible to receive the First Home Owner’s Grant in Queensland for a lot within the Qualifying Land as at the date of entering the Promotion (“Eligible Participant”). Where the Eligible Participant has entered into a contract of sale with another person/s, only one Incentive is available for each lot of Qualifying Land in the contract of sale.

Promotional Period

Commences at 10am AEST on 1 March 2024 and expires 5pm AEST on 30 June 2025 or sooner if all Qualifying Land has been purchased.

How to Enter

To participate in the Promotion, each Eligible Participant must during the Promotional Period:

1. enter into a contract of sale for a residential lot within the Qualifying Land and a build contract for that lot (or house and land package contract); and
2. pay the full deposit required under such contract of sale; and
3. comply with the terms of such contract of sale at all times and without default;
4. complete such contract of sale in accordance with its terms; and
5. not extend or delay, or attempt to extend or delay, settlement of such contract of sale for any longer than 30 days in total.

Qualifying Land

Lots 507 to 511 in Stage 39 being SP320584

Promotion Incentive

The Incentive will be chosen by one of the five constructions companies – each is allocated to a specific lot within the Qualifying Land (“Builder”). The Incentive is decided solely decided by the Builder and may include vouchers, discounts on the full package, items such as solar, fencing, driveways for example, services like landscaping, painting etc and upgrades to colour packages for example, which the Builder has chosen specifically for that lot within the Qualifying Land on the basis that the total value of the Incentive per lot of Qualifying Land is valued at no less than $20,000. Any additional costs exceeding this cap will be the sole responsibility of the Eligible Participant. The Incentive will vary from lot to lot within the Qualifying Land and the Eligible Participant is not entitled to cashback instead of the Incentive. The Eligible Participant is responsible for informing their lender (if any) about the Incentive.

The Incentive may include, but is not restricted to, fencing and turf with such decision being made in consultation with the Eligible Participant, but final decision to be made by the Promoter. If turf is included, will be chosen giving consideration to the property specifications and local climate conditions. The front fence if included in the Incentive, will afford the Eligible Participant a choice of a few pre-approved designs.

Terms

Privacy and Personal Information

1. The Eligible Participant consents to the Promoter collecting and using their personal information for:
   1. conducting the Promotion (which may include disclosure to third parties for the purpose of processing and conducting the Promotion) and for promotional purposes, public statements and advertisements in relation to the Promotion;
   2. providing information to the Eligible Participant about the products and services offered by the Promoter and its related companies;
   3. for any purpose within the Promoter’s privacy policy; and
   4. research to improve its products and services.

How to Participate

2. The Promoter reserves the right, at any time, to request verification of the age, identity, residential address or any other information relevant to participation in the Promotion of all Eligible Participants.
3. The Promoter reserves the right, in its sole discretion, to disqualify any Eligible Participant who has:
   1.  provided false information or fails to provide information that is reasonably requested by the Promoter,
   2. provided incomplete, indecipherable and/or offensive material as part of their participation in the Promotion,
   3. breached any of these terms and conditions; and/or
   4. contravened any applicable laws or regulations or otherwise engaged in unlawful or improper conduct.
4. It is the responsibility of each Eligible Participant to notify the Promoter of any change to their contact details.
5. If participation in the Promotion is online, by telephone or SMS, the Promoter assumes no responsibility for any failure to receive any information or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify, cancel, terminate or suspend the Promotion.
6. If the Schedule above permits Eligible Participants to be under the age of 18 years, and that that proposed Eligible Participant is entitled to the First Home Owner’s Grant despite being under the age of 18 years, such Eligible Participants must seek permission from their parent or guardian to participate in the Promotion. If the Eligible Participant is still under 18 years of age at the time that the Incentive is to be provided, the Incentive will be provided to the Eligible Participant’s parent or legal guardian.
7. Employees (and their immediate families) of the Promoter or its related companies or agencies are eligible to participate. For the avoidance of doubt, property purchases by employees (and their immediate families) are subject to meeting the requirements outlined in the Promoter’s internal policies and procedures. Immediate families include spouse, ex-spouse, de facto partner, ex-de facto partner, child, step-child, parent, step-parent, legal guardian, sibling or step-sibling.
8. The Promotion is not available in conjunction with any other promotion or offer by the Promoter or any related body corporate.
9. Eligible Participants who as at the start of the Promotional Period, have an accepted or exchanged contract of sale for a residential lot within the Qualifying Land; and/or during the Promotional Period, cancel or terminate such contract of sale, or cease to be eligible for the First Home Owners Grant, are not eligible to receive an Incentive.

Incentives

10. Each Incentive is not transferrable, exchangeable or redeemable for cash.
11. If any Incentive is unavailable for reasons beyond the Promoter’s control, the Promoter reserves the right to substitute the Incentive with an incentive of equal or greater monetary value. This right is subject to any applicable legislation, regulations or directions from a regulatory authority.
12. All taxes (excluding GST, if any) which may be payable as a consequence of receiving an Incentive are the sole responsibility of each Eligible Participant.
13. The Eligible Participant’s use of the Incentive is entirely at their own risk. Before the Incentive is provided, the receiver of the Incentive may be required to sign an agreement to release the Promoter from and indemnify the Promoter against any liability arising from or in connection with the Incentive.
14. The eligibility of Eligible Participants to receive the Incentive is solely within the discretion of the Promoter.
15. The Promoter reserves the right to request each Eligible Participant to provide proof of their identity and/or proof that they were responsible for participating in the Promotion.
16. Each Eligible Participant agrees to participate and cooperate, as required, in all publicity activities relating to the Promotion, including, without limitation, being interviewed, photographed, filmed and recorded. Each Eligible Participant authorises the Promoter to use such content for advertising and publicity purposes in any media in perpetuity worldwide.

No Liability

17. Any incentive supplied by a third-party supplier is subject to the terms and conditions of that third party supplier. The Incentive may come with guarantees that cannot be excluded under the Australian Consumer Law. If those guarantees are not complied with, then you will have rights under the Australian Consumer Law. Subject to those guarantees and rights, the Promoter shall not be liable and excludes all liability (including negligence), for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) for damage to property, personal injury or death suffered or sustained in connection with this Promotion or the use or taking of any Incentive except for any liability which cannot be excluded by law including as provided for under the Australian Consumer Law.
18. If participation in the Promotion requires access to Facebook, Instagram or another social platform (“Social Platform”), Eligible Participants acknowledge and agree that use of that Social Platform is subject to that Social Platform’s terms and conditions. The Promoter is not responsible or liable for any loss, damage or injury suffered by any Eligible Participant as a result of the conduct of that Social Platform, including any decision by that Social Platform to remove or not remove any content, except for liability which cannot be excluded by law. The opinions and images uploaded on that Social Platform as part of this Promotion are not necessarily endorsed or supported by the Promoter and the Promoter does not confirm, guarantee or warrant their accuracy.
19. If participation in the Promotion is via a Social Platform or if the Promotion is promoted on a Social Platform, the Promotion is in no way sponsored, endorsed, administered by or associated with that Social Platform and each Eligible Participant agrees to grant that Social Platform a complete release from any claims that they now have or may have in the future which relate to or are incidental to the Promotion. Eligible Participants acknowledge and agree that:
    a. any information they provide in connection with the Promotion is provided to the Promoter and not to that Social Platform or any other social network; and
    b. any questions, comments or complaints regarding the Promotion will be directed to the Promoter, not to that Social Platform or any other social network.
20. The Promoter accepts no responsibility for late, lost or misdirected communications.
21. The Promoter reserves the right to vary the terms of, or cancel, the Promotion at any time without liability to any Eligible Participant or other person, subject to applicable laws.