Terms & Conditions
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VALENTINES DAY REFERRAL CAMPAIGN
TERMS AND CONDITIONS
- The promoter is Equanimity Concepts Pty Ltd (ACN 134 439 704) of 160 Cotlew Street, Ashmore, QLD 4214 (Promoter).
- Entry into Valentines Day Referral Campaign (Promotion) is deemed acceptance of these terms and conditions (Terms).
- Entry is open to all Australian residents aged 18 years and over except any persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter (Referrers).
- The Promotion commences on 1 February 2017 at 01:00am (AEST) and concludes on 31 March 2017 at 23:59pm (AEST) (Promotion Period).
- The competition completion period commences on 1 February 2017 at 01:00am (AEST) and concludes on 31 December 2017 at 23:59pm (AEST) (Completion Period).
How to enter
- To conditionally enter the Promotion, Referrers must during the Promotion Period:
- Enter their required details into the online form located on the Promotors website (Entry);
- Share the relevant link received from the Promotor to their family and friends (Referrals); and
- read and agree to these Terms and conditions.
- Referrals must comply with the instructions in the relevant link to make contact with the Promotor.
- To be eligible for the Referral Payment, the Referrers Referrals must, during the Completion Period, effect the settlement of an investment property purchase from which the Promotor has received agents commission in full.
- Only once the Referral has complied with clause 7 will the Referrer be eligible for the Referral Payment.
- For the avoidance of doubt, Referrers can provide as many Referrals as they like. The settlement of one investment property is eligible for one Referral Payment.
- Entries must be received during the Promotional Period. The time of entry will, in each case, be the time that the Referrer completes the online form located on the Promotors website. Then the Referral must effect settlement of their purchase no later than the last date in the Completion Period in accordance with clause 7.
- The Promotor may, at its sole discretion, waive any payments due under clause 7. Should the Promotor exercise this right, the Referrers eligibility will remain unaffected and the Referrer will be considered to have complied with clause 7.
- The Promoter accepts no responsibility for any lost, late or misdirected Entry.
- Any costs associated with entering the Promotion are dependent on the Referrer and will be borne by the Referrer.
- The Promoter reserves the right in its sole discretion to accept or reject any Entry.
- The Referral payment is an amount of AUD$1,000.00 paid by way of direct credit to the Referrer (Referral Payment).
- A Referral Payment will be made to the Referrer where the Referral completes the requirement under Clause 7 within the Completion Period.
- The Referral Payment shall be made directly to the Referrer within ninety (90) days of the Referral completing the requirement under Clause 7 within the Completion Period.
- If the Referral Payment is subject to terms and conditions (which include limitations on use) of a third party the Promoter accepts no responsibility for the Payment.
- To claim the Referral Payment, a Referrer must verify themselves to the absolute sole satisfaction of the Promotor.
- The Referral Payment is not transferable and not redeemable for credit or another currency. If for any reason a Referrer does not accept the Referral Payment, then the Referral Payment will be forfeited by the Referrer and no substitute will not be awarded in lieu.
- If the Referral Payment is unavailable for any reason, only the Promoter reserves the right in its sole discretion to substitute the Referral Payment with another Referral Payment of equal value as determined by the Promoter. The Promoter accepts no responsibility for any variation in Referral Payment.
General terms and conditions
- The Referrer agrees to promote the services offered by the Promotor in making Referrals.
- Referrers are not authorised to offer any advice on behalf of the Promotor in connection with any financial product beyond recommending their services.
- The Referrer is not authorised to arrange any financial product or service, nor to commit the Promotor in any way and nothing in these terms and conditions shall result in the Referrer being construed as an agent of the Promotor.
- The Promoter reserves the right in its sole discretion to verify, or require the Referrer to verify, the Referrers identity, eligibility to enter the Promotion, entry submitted and compliance with these Terms.
- If there is a dispute about the identity of the Referrer, the Promoter reserves the right in its sole discretion to determine the identity of the Referrer.
- All entries become the property of the Promoter. By entering the Promotion, Referrers:
- warrant that their information supplied is true and correct; and
- grant the Promoter a royalty free, perpetual, non-exclusive, irrevocable licence to keep, store and use information (including disclosing same to the Promotors related entities) provided in relation to the Referrer.
- All information which may be made available to the Promotor in connection with any Referral shall be freely available for use by the Promotor as it thinks fit subject to the obligations of the Promotor and all Referrers to comply with the provisions of the Privacy Act 1988 and Privacy Amendment (Enhancing Privacy Protection) Act 2012.
- Referrers and Referrals acknowledge and agree that:
- their personal information will be collected by the Promoter for the purpose of conducting the Promotion, conducting future promotions; and for marketing and communication purposes;
- their personal information may be disclosed to any related entities by the Promoter in accordance with the Promoter’s rights under these Terms;
- if they are paid the Referral Payment, the Promoter can use their personal information to credit them for their entry and disclose their personal information in communication about the Promotion.
- If the Promotion is compromised in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right in its sole discretion to modify, suspend, terminate or cancel the Promotion. Notice of any changes to the Promotion, including any consequential changes to these Terms, will be given at the Promotors website landing page.
- Except for any liability that cannot be excluded by law, each Referrer completely releases the Promotor from all liability arising in any way out of the Promotion. This Promotion is in no way sponsored, endorsed or administered by any third party.
- To the full extent permitted by law, the Promoter is not liable for any injury, damages, expenses or loss whatsoever (including but not limited to indirect or consequential loss) to persons or property arising in any way out of the Promotion.
- Each Referrer indemnifies and keeps indemnified the Promoter against all claims, losses or damages and expenses suffered by the Promoter or any third parties arising out of the breach of these Terms, the conduct of the Referrer in relation to the Promotion, or use of the Prize.
- The Promoter’s decision in relation to any aspects of the Promotion is final and binding on all Referrers and Referrals. No correspondence will be entered into regarding such decisions, the Promotion, these Terms or the results.
- Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
- The Promotor reserves the right to change these terms and conditions at any time without notice and in its absolute discretion.
- This agreement is governed by the law in force in the state of Queensland, Australia. Any dispute arising in connection with these terms and conditions or in connection with Equanimity Concepts Pty Ltd (ACN 134 439 704) which cannot be resolved by good faith negotiations between us shall be referred to mediation or to arbitration. However, we reserve, at our absolute discretion, our right to instigate legal proceedings prior to negotiation, arbitration or mediation against any individual, organisation or entity, who in our opinion has acted in breach of these Terms and Conditions.