TWT Property Group - Membership Rewards Program
Terms and Conditions
TWT Property Group – Membership Rewards Program
Under TWT Property Group’s Membership Rewards Program (THECLUB), Members may be eligible for various Benefits including:
- Future Purchase Discounts (see section 3);
- Referral Rewards (see section 4);
- one on one consultation of your choice including art, lighting and interior styling; and
- third party offers, products, services or other benefits.
By claiming or accepting any Benefit, you confirm that you accept these terms and conditions.
If you have any questions about THECLUB including in relation to these terms and conditions, please email us at firstname.lastname@example.org.
2.1 Who becomes a member of THECLUB?
- A person will become a Member upon unconditional exchange of an Eligible Contract if they are named as a purchaser under the Eligible Contract (whether purchasing solely or jointly) and, if an individual, is over the age of 18.
- There are no fees payable to become, or remain, a Member.
A Member may cancel its membership at any time by emailing us at email@example.com.
(3) FUTURE PURCHASE DISCOUNTS
Members who enter into an Eligible Contract to purchase a Property at its List Price are entitled to receive a 2% discount off the List Price, payable as a rebate in accordance with clause 3.4.
3.2 No Cap
There is no cap on the total amount, or number of, Future Purchase Discounts that a Member may be paid.
3.3 Multiple purchasers
Where there are multiple purchasers under an Eligible Contract and more than one of those purchasers is a Member, the total Future Purchase Reward will be shared equally by all purchasers that are Members. Purchasers who are not Members will not be entitled to receive Future Purchase Discounts.
3.4 Payment of Future Purchase Discounts
Future Purchase Discounts will be paid to the Member as a rebate by way of adjustment on settlement of the Eligible Contract.
(4) REFERRAL REWARDS
Members are entitled to receive a referral reward of $5,000 when they introduce a new purchaser to TWT Property Group in accordance with this section 4.
For a Member to be entitled to the Referral Reward:
a. the referring Member (Referrer) must:
(i) complete the Referral Form at twtproperty.com.au/theclub on or before the Eligible Contract is signed by the Referred Purchaser; and
(ii) not otherwise be excluded under section 4.6; and
b. the referred purchaser (Referred Purchaser) must:
(i) be an individual or company;
(ii) on or before entering into the relevant Eligible Contract, nominate or confirm to TWT Property Group that the Referrer was their referrer; and
(iii) settle the purchase of a Property under an Eligible Contract, and must not be:
(iv) an existing Member; or
(v) already known to TWT Property Group as a potential purchaser, including by being previously introduced or referred to TWT Property Group by another party or Agent, or appearing on a TWT Property Group sales database.
4.3 Multiple purchasers
a. Where there are multiple purchasers, all of the purchasers must satisfy the conditions for being a Referred Purchaser in section 4.2(b).
b. Only one Referral Reward is payable on each Eligible Contract.
4.4 Multiple Referral Rewards
a. There is no cap on the amount, or number of, Referral Rewards that a Member may be paid for referring new purchasers to TWT Property Group.
4.5 Payment of Referral Reward
a. The Referral Reward will be paid to the Referrer within 10 Business Days of settlement of the Eligible Contract.
Despite any other term or condition, no Referral Reward is payable:
a. to an Agent or Agent’s Associate, when the referral is made in relation to a Property:
(i) for which the Agent is eligible for a sales commission or other similar payment; or
(ii) that forms part of a Development on which the Agent is currently engaged as a selling agent; or
b. to any Directors or employees of TWT Property Group.
(5) ADDITIONAL MEMBERSHIP BENEFITS
a. Members may also be offered additional Benefits by TMT Property Group or third parties from time to time including:
(i) offers to attend art, music, community and other events organised by third parties. Members will be notified by TWT Property Group of such offers by email, mail or SMS (unless the Member has unsubscribed from receiving these notifications) or notified on the THECLUB website from time to time; and
(ii) in relation to each Property, access a one on one complimentary consultation of the Member’s choice including art, lighting and interior styling. This offer will be valid for twelve months from settlement of the purchase of the Property by the Member.
b. Where a Member is a company, the Member may nominate one individual to receive the Benefits described in clause 5(a). The Member may change the nominated individual with the written approval of TWT Property Group by email at firstname.lastname@example.org.
c. The Benefit described in clause 5(a)(ii) applies in relation to the Property purchased by the Member which resulted in them becoming a Member.
(6) MEMBER OBLIGATIONS
Members must not:
- act in any way that breaches these terms and conditions;
- abuse or misuse the THECLUB program;
- supply or attempt to supply false or misleading information or make a false representation to TWT Property Group;
- sell, assign or transfer, or offer to sell, assign, or transfer, the Member’s membership in THECLUB or any Benefit. Any Benefit under THECLUB is personal to that Member; or
- seek to obtain any commercial benefit from the THECLUB program.
Any terms capitalised in clause 7 and not already defined in clause 9 have the same meaning given to those terms in the GST Act.
7.2 GST inclusive
The consideration for a Supply made under or in connection with this document includes GST.
7.3 Taxable Supply
If a Supply made under or in connection with this document is a Taxable Supply, then at or before the time the consideration for the Supply is payable the Supplier must give the Recipient a Tax Invoice for the Supply.
7.4 Warranty that Tax Invoice is issued regarding a Taxable Supply
Where a Tax Invoice is given by the Supplier, the Supplier warrants that the Supply to which the Tax Invoice relates is a Taxable Supply and that it will remit the GST (as stated on the Tax Invoice) to the Australian Taxation Office.
(8) GENERAL CONDITIONS
- THECLUB commenced on 12 April 2018 and all Eligible Contracts entered into on or after that date may entitle a Member to obtain Benefits in relation to the Eligible Contract in accordance with the terms and conditions of THECLUB.
- If an Eligible Contract is entered into before 12 April 2018, the contract will be an Eligible Contract only for the purpose of determining a person’s entitlement to be a member of THECLUB under clause 2.1.
8.2 THECLUB Membership
TWT Property Group reserves the right (in its absolute discretion, and particularly in the case of a breach by a Member) to:
- refuse to accept any person becoming a Member;
- exclude or withdraw a Member from THECLUB;
- refuse to honour any Benefit accumulated by a Member;
- reverse any Benefit accumulated or awarded by a Member;
- suspend a Member’s participation in THECLUB; or
- terminate a Member’s participation in THECLUB.
TWT Property Group:
a. reserves the right (in its discretion) to at any time:
(i) terminate THECLUB program;
(ii) cancel, substitute or vary any of the terms and conditions of THECLUB (in whole or in part);
(iii) cancel, add, vary or substitute any Benefits; or
(iv) exclude, substitute, vary or withdraw any participating Development (in whole or in part);
b. will endeavour to give Members notice of any action taken under section 8.3(a) by either email, mail or SMS and provide notice on the THECLUB website, provided failure to give notice does not invalidate such action being taken; and
c. is not obliged to but may, at its absolute discretion, still honour any Benefits accumulated prior to any actions taken under clause 8.3(a) which would vary, cease or remove that Benefit.
To the maximum extent permitted by law, TWT Property Group is not liable for any cost, loss or damage incurred in connection with:
- any withdrawal, cancellation, variation or change to these terms and conditions;
- any breach of these terms and conditions by any person other TWT Property Group; or
- providing, or not providing, any Benefit.
8.5 TWT Property Group’s decisions are final
TWT Property Group’s decision on all matters relating to THECLUB, including any dispute as to the identity of a Member or entitlement to any Benefit, is final and binding.
8.6 Governing law and jurisdiction
- New South Wales law governs this document.
- Each party irrevocably submits to the non-exclusive jurisdiction of the New South Wales courts and courts competent to hear appeals from those courts.
- A clause or part of a clause of this document that is illegal or unenforceable may be severed from this document and the remaining clauses or parts of the clause of this document continue in force.
- If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from this document in the relevant jurisdiction, but the rest of this document will not be affected.
8.8 No waiver
- The failure of a party to require full or partial performance of any provision of this document does not affect the right of that party to require that performance subsequently.
- A single or partial exercise of or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy.
- A right under this document may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in that waiver.
In this document:
- a reference to a clause, schedule, annexure or party is a reference to a clause of, and a schedule, annexure or party to, this document and references to this document include any schedules or annexures;
- a reference to a party to this document or any other document or agreement includes the party’s successors, permitted substitutes and permitted assigns;
- if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
- a reference to a document or agreement (including a reference to this document) is to that document or agreement as amended, supplemented, varied or replaced;
- a reference to this document includes the agreement recorded by this document;
- a reference to legislation or to a provision of legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
- if any day on or by which a person must do something under this document is not a Business Day, then the person must do it on or by the next Business Day;
- a reference to a person includes a corporation, trust, partnership, unincorporated body, government and local authority or agency, or other entity whether or not it comprises a separate legal entity; and
- a reference to ‘month’ means calendar month.
In these terms and conditions, these terms have the following meanings:
means a real estate or selling agent appointed by, or receiving commissions from, TWT Property Group.
|Benefit||means any benefit, privilege, promotion or reward offered under THECLUB (including those described in clauses 3, 4 and 5).|
|Builder||means a builder who acquires an interest in one or more residential lots in any Development for the purposes of the design, construction and sale of houses on the lots, whether as a house and land package or otherwise.|
|Business Day||means any day except a Saturday, Sunday or public holiday in New South Wales.|
|Development||means those residential developments within Australia nominated by TWT Property Group from time to time as being part of THECLUB.|
|Eligible Contract||means a contract for the purchase of a Property excluding any contract entered into:
(a) for the separate purchase of car spaces, storage units or commercial or industrial lots;
(b) as a result of a tender;
(c) by a Builder or a Builder’s Associate;
(d) in commercial quantities by a purchaser; and
(e) by institutional buyers.
What constitutes ‘commercial quantities’ and ‘institutional buyer’ will be subject to TWT Property Group’s discretion and may depend on the type and nature of properties purchased and the purchaser.
|Future Purchase Discount||means the Benefit described in section 3.|
|GST Act||means A New Tax System (Goods and Services Tax) Act 1999 (Cth).|
|List Price||means the purchase price advertised by TWT Property Group for a Property.|
|Property||means an apartment, unit or other residential lot in a Development.|
|Referral Form||means the form required by TWT Property Group to be signed or completed by a Member seeking to obtain a referral reward.|
|Referral Reward||means the Benefit described in section 4.|
|Referrer||has the meaning given in section 4.2(a).|
|Referred Purchaser||has the meaning given in section 4.2(b).|
|Related Body Corporate||has the meaning given in the Corporations Act 2001 (Cth).|
|Supplier||means the entity making the Supply.|
|THECLUB||means TWT Property Group’s purchaser loyalty program, the terms and conditions of which are set out in this document.|
|TWT Property Group||means TWT Property Group Pty Ltd ACN 611 972 091 and, as the context requires, any of its Associates.|