REFER A FRIEND TERMS & CONDITIONS
By referring a friend to us, you agree that you are bound by these terms and conditions.
“us”, “we” “our” means First Class Lifestyle Pty Ltd and “you” means the person referring a friend.
Referring a Friend to us
- To refer a friend (“Friend”), you will need to provide your details (full legal name, residential address, valid email address and mobile number) and the Referral Details of the Friend via our online referral portal. To be eligible for the promotion and the Referral Gift, a Friend cannot be an Excluded Person
For every Successful Referral you make, you will receive a Referral Gift. If two or more parties purchase an Eligible Property, and there is more than one referral in respect to such purchase, only the person who referred a Friend first will be eligible for a Referral Gift. However, where two referrers which each refer a person and those two Friends purchase an Eligible Property together, then on a Successful Referral each referrer will get 50% of the Referral Gift.
[For example, only, John refers Pete as a Friend on Monday and Rhonda refers Sue as a Friend the next day. Pete and Sue together purchase an Eligible Property. As only one Referral Gift is payable for each Eligible Property, John and Rhonda get 50% of the Referral Gift each.]
“Successful Referral” means a referral for the purchase and settlement of an Eligible Property by one or more Friends and all of the below items are satisfied:
- you have provided us with the Referral Details of a Friend through our online referral portal;
- the Friend enters into a contract of sale for an Eligible Property within 6 months of the date of the referral (as recorded on our system) and the contract settles;
- you have provided your full legal name, residential address, valid email address and mobile phone number at the time of the referral;
- you have not provided false or materially incorrect details in this or any previous referral;
- you have received the Friend’s express consent to provide their details to us and for us to contact them (prior to giving us the referral);
- you are not an employee or contractor of us or any firms or entities that have a referral arrangement with us;
- you are not a vendor, agent or related entity (as that term is defined in the Corporations Act 2001 (Cth) of either in respect to an Eligible Property; and
- you are not otherwise in material breach of any of the Terms & Conditions.
“Eligible Property” means a property which we are marketing for sale on behalf of a developer or vendor and in which we are lawfully entitled to commission as a result of the sale to the Friend.
“Excluded Person” means those parties who cannot be deemed to be a Friend capable of being referred to us under this promotion including parties who:
- are not individuals;
- have already visited a showroom, site, display suite or developer promotion for the Eligible Property (or its associated development);
- are already on the Eligible Property developers/vendors list of interested parties/leads;
- have already entered into a contract to purchase the Eligible Property or have previously made an offer to purchase the Eligible Property;
- have already been referred to us by another party for the same or different Eligible Property;
- otherwise are excluded from our right to claim commission or referral fees from the Eligible Property developer or vendor;
- have already purchased an Eligible Property through a refer a friend or referral promotion with us; and/or
- are already named on our sales database at the date of the referral.
“Giftcard” means a pre-paid debit, visa, eftpos or master card (to be selected by us) with an expiry date of not less than 12 months from the date of the email sent to you confirming your eligibility for a Referral Gift. All gift cards are given subject to the issuer’s standard terms and conditions.
“Referral Details” means the Friend’s full legal name, residential address, valid email address and mobile phone number.
“Referral Gift” means:
- For Eligible Property which is an apartment, a Giftcard/s with a total value of $2,500 inclusive of GST;
- For Eligible Property which is a house and land package (not apartments), a Giftcard/s with a total value of $5,000 inclusive of GST.
2. In the event that a Friend has already been referred to us by another party prior to the date and time your referral is made on our website or the Friend fails to settle the contract for the Eligible Property, you will not be eligible for a Referral Gift for that referral.
3. Subject to a limitation on one Referral Gift for each Eligible Property, you may refer as many Friend’s as you like and can be entitled to an unlimited number of Referral Gifts subject to making separate Successful Referrals.
4. Within 14 days of a Successful Referral occurring, we will send you an email to your nominated email address that you have been successful in being eligible for a Referral Gift. Upon receiving the email, you have 30 days to collect the Referral Gift from our office during business hours. In order to collect the Referral Gift you must provide us with government issued photo identification and sign an acknowledgement that you have received the Referral Gift.
5. In the event that you do not collect the Referral Gift within 30 days of the email being sent (and you do not make acceptable arrangements with us to collect the Referral Gift in a timely manner) you acknowledge that you forfeit your right to receipt of the Referral Gift and release us from any claim to the Referral Gift. We will not be held liable for any issue in you receiving our emails including where you have a full mailbox, you change your email address or in the case where someone intercepts or deletes your email.
6. We make no representations or warranties as to the suitability of the Referral Gift. To the extent permitted by law, we are not liable to you for any loss or damage (including consequential loss and damage) whatsoever which is suffered (either directly or indirectly) in relation to your receipt or use of the Referral Gift or any restrictions or limitations on the use of the Referral Gift imposed by the card issuer.
7. You are responsible for all taxes associated with the receipt of the Referral Gift incurred by you.
Our referral portal system and website
8. To the maximum extent permitted by law, we take no responsibility for referrals which may be first in time where you have been unable to make the referral due to technical or other issues including where our system, website or the internet is down or where data is lost through no material fault by us.
9. We do not warrant that our system or website will be available 24 hours a day or be fault free. Our website and system may be down during periods of upgrades, maintenance or when there is a fault.
10. Please note that our online referral system will provide a confirmation email of the referral information being received. If you do not receive a confirmation email within 2 hours, your referral details have not been received by us. Receiving a confirmation email only confirms receipt of your entry and does not confirm that you are or will be eligible for a Referral Gift.
Variation and Ending of the Refer a Friend promotion
11. The Refer a Friend promotion can be ended at any time by us with immediate notice appearing on our website. The ending of the promotion shall not affect any referral made prior to that time, which referral will still be subject to the terms and conditions as at the date of referral.
12. These terms and conditions may be varied by us at any time but such variation shall only apply to referrals made after the relevant date of variation. Your referral shall be subject to the terms and conditions appearing within our online referral system at the time you make the relevant referral.
14. These terms and conditions are governed by and construed in accordance with the law for the time being in force in the State of New South Wales and the parties irrevocably submit to the jurisdiction of the Courts of that State including any Courts having appellant jurisdiction.