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Loyalty Program Terms and Conditions

Loyalty Program Terms and Conditions

Background

This document sets out the terms and conditions of the JWLand Loyalty Program.

Operative Provisions

1. ENTITLEMENTS OF MEMBERSHIP

1.1 Future Price Discount

If a Member completes a Contract of Sale, that Member shall be entitled to receive a reduction of 1.00% in the Price of every Contract for Sale subsequently entered and completed by that Member (Future Price Discount).

1.2 Referral Reward

(a) If a Member refers a buyer or buyers in writing to JWLand, the respective Member and the Eligible Buyer or Buyers shall be entitled to receive from JWLand up to a maximum of $5,000 * (Successful Referral) provided that:

  1. the Member was not a buyer (or related to or an owner of any buyer) listed in the Contract for Sale;
  2. none of the buyer(s) listed in the Contract for Sale had entered into a Contract of Sale (either personally or through an entity) in the 12 months before the Successful Referral; and
  3. the Member provides written evidence to JWLand of the written referral made by the Member within 3 months of the Successful Referral.
    (Referral Reward)

(b) If more than one Member is entitled to a given Referral Reward, the Member that notifies JWLand first in writing (as determined by JWLand it its absolute discretion) shall receive the Referral Reward.

(c) The Referral Reward will be paid upon the Contract for Sale of Successful Referral is exchanged and will be in the form of gift card subject to the applicable Australian Rules and Regulations.

(*) The amount of reward will vary from project to project and are determined at the full discretion of JWLand.

2. MEMBERSHIP AND ELIGIBILITY

2.1 Eligible Buyer

A person is an Eligible Buyer if and when all of the following is satisfied:

(a) the person is listed as a buyer in a Contract for Sale (Applicable Contract);

(b) the Applicable Contract is exchanged within 14 days of the person first receiving a copy of the Applicable Contract;

(c) any cooling-off period of the Applicable Contract (pursuant to the Residential Property Act) is expired or waived; and

(d) the person (either solely or jointly with any other person who is a buyer under the Applicable Contract) pays any deposit in entirety that is required to be paid by the buyer(s) under the Applicable Contract.

2.2 Membership

(a) An Eligible Buyer becomes a Member if and when all of the following is satisfied:

  1. the Eligible Buyer submits a completed written application to JWLand for the Eligible Buyer to become a Member;
  2. JWLand approves of the Eligible Buyer becoming a Member; and
  3. JWLand gives written communication to the Eligible Buyer that the Eligible Buyer is a Member.

(b)JWLand may in its absolute discretion and without giving reason refuse to approve of an Eligible Buyer becoming a Member.

2.3 End of Membership

A Member ceases to be a Member upon the earliest occurrence of any one of the following:

(a) the rescission or termination of any Contract for Sale to which the Member is a Buyer;

(b) the Member ceasing to be an Eligible Buyer;

(c) JWLand withdrawing or cancelling the Member status of the Member under clause 3 of these Terms and Conditions; or

(d) the lapsing of 12 months (or such other time as agreed in writing by JWLand) from the date of the Member becoming a Member.

3. CANCELLATION OR AMENDMENT

3.1 Amendment

(a) JWLand may at its absolute discretion and at any time without notice amend these Terms and Conditions in entirety or in part in relation to any one or all Eligible Buyers (or a combination thereof).

(b) If JWLand exercises its discretion under clause 3.1 of these Terms and Conditions, any amendment made by JWLand to these Terms and Conditions in relation to the relevant Eligible Buyer(s) comes into effect immediately.

3.2 Withdrawal and cancellation

(a) JWLand may at its absolute discretion and at any time without notice withdraw these Terms and Conditions and or cancel the Member status of any Eligible Buyer(s).

(b) If JWLand exercises its discretion under clause 3.2 of these Terms and Conditions, any withdrawal by JWLand of these Terms and Conditions and or cancellation of Member status in relation to the relevant Eligible Buyer(s) comes into effect immediately.

4. MISCELLANEOUS

4.1 Governing Law

This document is governed by the law in force in the Australian Capital Territory. Each Eligible Buyer irrevocably submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in the Australian Capital Territory and any court that may hear appeals from any of those courts for any proceeding in connection with this document, and waives any right it may have to claim that those courts are an inconvenient forum

4.2 Entirety

This document (as amended from time to time by JWLand) embodies the entirety of these Terms and Conditions between JWLand and each Eligible Buyer.

5. DEFINITIONS

The following definitions apply in this document:

Applicable Contract means that as defined in clause 2.1 of these Terms and Conditions.

Contract for Sale means a contract for sale of real property developed by JWLand not previously sold.

Eligible Buyer means that as defined in clause 2.1 of these Terms and Conditions.

Future Price Discount means that as defined in clause 1.1 of these Terms and Conditions.

JWLand means JWLand Development Pty. Ltd. (ACN 614 856 165).

JWLand Loyalty Program refers to the giving and receipt of the entitlements to Members as outlined in clause 1 of these Terms and Conditions.

Member means an Eligible Buyer in possession of membership in the JWLand Loyalty Program

Referral Reward means that as defined in clause 1.2 of these Terms and Conditions.

Residential Property Act means the Civil Law (Sale of Residential Property) Act 2003 (ACT).

Terms and Conditions means this document.