TERMS AND CONDITIONS
The “Get $20k Off Your Homebuyers Centre House and Land Package” (Promotion) is subject to the terms and conditions outlined below, which are available on the Capricorn Beach website at https://capricornyanchep.com.au/promo-terms-conditions/ (Website). The Promotion only applies for a limited time and to selected lots within Capricorn Village Joint Venture’s Estate, Capricorn Beach, and these lots are specified on the Website and are, at the commencement of the Promotion Period, the lots referred to in clause 3 (Applicable Lots).
- PROMOTION DETAILS
In these terms and conditions, and in any marketing material and advertisements relating to the Promotion Capricorn Beach ‘Get $20k Off Your Homebuyers Centre House and Land Package’, Capricorn Beach means the Capricorn Village Joint Venture entity selling land at the relevant residential community and its related entities (for details of the Capricorn Village Joint Venture entity, contact the Capricorn Beach Administration Team – firstname.lastname@example.org).
The Promotion described in these terms and conditions commences on 1st October 2017 at 9.00am (WST) and concludes on 30th November 2017 at 11.59pm (WST) (Promotion Period) unless Applicable Lots are sold prior.
Capricorn Village Joint Venture may alter the Promotion Period at its sole discretion (Altered Promotion Period). Details of any Extended Promotion Period will be posted on the Promotion Website. References in these terms and conditions to the Promotion Period include any Altered Promotion Period, where applicable.
The Promotion is only valid during the Promotion Period unless all lots are sold before the end date. The Promotion details set out in these terms and conditions are correct at the time of their first publication, but may change at Capricorn Village Joint Venture’s absolute discretion at any time.
Capricorn Village Joint Venture will post any changes to the Promotion details (including these terms and conditions) on the Website.
- PROMOTION OFFER *
Subject to these terms and conditions, a person who enters into a binding contract to purchase a selected Applicable Lot (see clause 3) during the Promotion Period, will receive a $15,000 cash rebate from Capricorn Village Joint Venture following the Settlement of an Applicable Lot by a set Settlement Date. See clause 3 for rebates per product type.
2.1. To be eligible to receive the “Get $20k Off Your Homebuyers Centre House and Land Package” cash rebate, a Provisional Buyer Signed Contract must be executed by the seller of the Applicable Lot and be valid and binding before 11:59pm on 30th November 2017. In addition, the Provisional Buyer must:
(a) Satisfy any conditions under the Buyer Signed Contract as executed by the seller of the Applicable Lot (Executed Contract) prior to the date for settlement as set out in the Executed Contract (Settlement Date);
(b) Effect settlement under the Executed Contract (Settlement) on the Settlement Date, but in any event no later than 22 February 2018; and
(c) Not transfer the Applicable Lot which is the subject of the Executed Contract to a third party prior to Settlement.
2.2. The seller reserves the right to revoke the cash rebate if the buyer does not satisfy the conditions in clause 2.1 (a)(b) and (c). For example, the Buyer may not be entitled to receive a cash rebate where Settlement does not occur or where Settlement is extended beyond the Settlement Date, whether at the request of or due to the default of the Buyer.
2.3. Upon Settlement of the relevant selected Applicable Lot occurring and the conditions in clause 2 (a)(b) and (c) being satisfied, a cash rebate will be awarded to the Buyer to the value of the agreed amount on the selected lot (see clause 3).
2.4. “Get $20k Off Your Homebuyers Centre House and Land Package” component is in the form of a Cash Rebate; for the amount specified and agreed in the Promotion Agreement, signed at time of Contract Signing.
2.5. If the name of the Buyer on the Executed Contract is a company or a trustee for a trust, Capricorn Village Joint Venture may require that a representative of the buyer entity be nominated to as the receiver of the cash rebate. That representative must be an officer of the buyer company or a beneficiary of the trust (as applicable).
2.6. Capricorn Village Joint Venture is not liable to reimburse an eligible Buyer for the amount if the money is transferred into a wrong account.
2.7. Eligible Buyers agree not to make any claim or objection against Capricorn Village Joint Venture in relation to the use or attempted use of a cash rebate and agree not to withhold any payment under an Executed Contract.
2.8. In the event of any dispute as to eligibility for the Promotion, eligibility will be determined by Capricorn Village Joint Venture having regard to these terms and conditions, and Capricorn Village Joint Venture’s decision will be final and binding.
2.9. Recipient must be 18 years of age or older to be eligible to participate in the Promotion.
- APPLICABLE LOTS
3.1. The Promotion only applies to remaining unsold lots offered by Capricorn Village Joint Venture for sale at Capricorn Beach in the “Explorer Release” (Applicable Lots) available from 9am 1st October 2017 to 11.59pm on 30th November 2017.
3.2. Capricorn Village Joint Venture reserves the right to change the Applicable Lots during the Promotion and to withdraw any Applicable Lot from the Promotion provided that a Selected Applicable Lot has not become subject to a binding Executed Contract during the Promotion Period. Selected Applicable Lots which become subject to an Executed Contract during the Promotion Period will be removed from the Promotion, but may be re-listed as Applicable Lots at Capricorn Village Joint Venture’s absolute discretion if the sale does not proceed.
4.1. The Promotion cannot be used in conjunction with any other promotion or offer relating to an Applicable Lot, unless otherwise agreed by Capricorn Village Joint Venture.
4.2. By delivering to Capricorn Village Joint Venture a Buyer Signed Contract for an Applicable Lot, that person is deemed to have accepted these terms and conditions.
4.3. The Promotion may be withdrawn at Capricorn Village Joint Venture’s discretion, and these terms and conditions may be amended by Capricorn Village Joint Venture, at any time during the Promotion Period.
4.4. Failure by Capricorn Village Joint Venture to enforce any of its rights under these terms and conditions or an Executed Contract does not constitute a waiver of those rights.
4.5. Capricorn Village Joint Venture will not be liable for any loss or damage suffered or incurred by any person 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), nor for any restriction of Capricorn Village Joint Venture’s ability to provide any aspect of the Promotion as a result of the act of any third party, its employees or agents.
4.6. Nothing in these terms and conditions or any Executed Contract limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or other consumer protection laws in Western Australia which cannot be contracted out of (Non-Excludable Guarantees).
4.7. Except for any liability that cannot by law be excluded, including the Non- Excludable Guarantees, Capricorn Village Joint Venture (including its respective officers, employees and agents) will not be liable for any liability, for any personal injury, or any loss or damage, whether direct, indirect, special or consequential, arising in any way out of the Promotion.
4.8. Capricorn Village Joint Venture gives no warranty and makes no 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 concerning the Promotion, and will not be liable for any loss or damage suffered or incurred by any party who relies upon the information in any such advertisement, publication or statement except for any liability which cannot be excluded by law.
5.1. To conduct the Promotion, Capricorn Village Joint Venture is collecting personal information associated with the Promotion to assist in providing the products or services a person has requested (if any), and to improve its products and services. Capricorn Village Joint Venture 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 a person know about products, services or promotional activities which may be of interest until that person informs Capricorn Village Joint Venture otherwise.
5.2. Capricorn Village Joint Venture may share personal information with persons or entities who assist it in providing its products or services or running competitions or trade promotions. Capricorn Village Joint Venture may also disclose personal information to third parties as required or authorised by law.
5.3. If a person does not want to be contacted by Capricorn Village Joint Venture for future commercial communications, they should contact Capricorn Beach on 08 9561 1700 or by email to admin@Capricornyanchep.com.au and Capricorn Village Joint Venture will ensure that their personal information is not used for that purpose.