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THECLUB
Terms & Conditions

TWT Property Group - Membership Rewards Program

Terms and Conditions
TWT Property Group – Membership Rewards Program

(1) INTRODUCTION
Under TWT Property Group’s Membership Rewards Program (THECLUB), Members may be eligible for various Benefits including:

  1. Future Purchase Discounts (see section 3);
  2. Referral Rewards (see section 4);
  3. one on one consultation of your choice including art, lighting and interior styling; and
  4. 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 theclub@twtglobal.com.au.

(2) MEMBERSHIP
2.1 Who becomes a member of THECLUB?

  1. 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.
  2. There are no fees payable to become, or remain, a Member.

2.2 Cancellation
A Member may cancel its membership at any time by emailing us at theclub@twtglobal.com.au.

(3) FUTURE PURCHASE DISCOUNTS
3.1 Overview
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
4.1 Overview
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.

4.2 Conditions
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.

4.6 Exclusions
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 theclub@twtglobal.com.au.

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:

  1. act in any way that breaches these terms and conditions;
  2. abuse or misuse the THECLUB program;
  3. supply or attempt to supply false or misleading information or make a false representation to TWT Property Group;
  4. 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
  5. seek to obtain any commercial benefit from the THECLUB program.

(7) GST
7.1 Definitions
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
8.1 Commencement

  1. 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.
  2. 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:

  1. refuse to accept any person becoming a Member;
  2. exclude or withdraw a Member from THECLUB;
  3. refuse to honour any Benefit accumulated by a Member;
  4. reverse any Benefit accumulated or awarded by a Member;
  5. suspend a Member’s participation in THECLUB; or
  6. terminate a Member’s participation in THECLUB.

8.3 Variations
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.

8.4 Liability
To the maximum extent permitted by law, TWT Property Group is not liable for any cost, loss or damage incurred in connection with:

  1. any withdrawal, cancellation, variation or change to these terms and conditions;
  2. any breach of these terms and conditions by any person other TWT Property Group; or
  3. 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

  1. New South Wales law governs this document.
  2. Each party irrevocably submits to the non-exclusive jurisdiction of the New South Wales courts and courts competent to hear appeals from those courts.

8.7 Severability

  1. 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.
  2. 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

  1. 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.
  2. 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.
  3. 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.

8.9 Interpretation
In this document:

  1. 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;
  2. a reference to a party to this document or any other document or agreement includes the party’s successors, permitted substitutes and permitted assigns;
  3. if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
  4. 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;
  5. a reference to this document includes the agreement recorded by this document;
  6. 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;
  7. 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;
  8. 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
  9.  
  10. a reference to ‘month’ means calendar month.

(9) DEFINITIONS
In these terms and conditions, these terms have the following meanings:

Term Definition
Agent

means a real estate or selling agent appointed by, or receiving commissions from, TWT Property Group.
in relation to an individual or company includes, for example:

  1. a Related Body Corporate of the company or individual (including a body corporate;
  2. any company or trust which the individual or company controls or influences, is a trustee of, or has a beneficial interest in; and
  3. in relation to an individual, any immediate relative (being a parent, sibling (including step and half sibling), spouse, partner or child (including a step or adopted child).
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.

 

TWT Property Group

About twt

PRIVACY POLICY

Who is TWT? 

This Privacy Statement applies to each of the following entities within the TWT corporate group:

  1. TWT Funds Limited ACN 165 806 351 (TWT Funds);
  2. TWT Funds Management Pty Ltd ACN 604 060 157;
  3. Auswin TWT Development Pty Ltd ACN 133 386 106;
  4. Bridging Hope Pty Limited ACN 605 224 548 as trustee for Bridging Hope Charity Foundation;
  5. Fitzpatrick Tian Pty Limited ACN 147 216 626 trading as Kinsale Property Group,
  6. TWT Loan Fund Pty Limited ACN 611 616 589 as trustee for TWT Loan Fund;
  7. TWT Development Pyrmont Pty Ltd ACN 612 743 807 as trustee for TWT Development Pyrmont Fund
  8. TWT Property Group Pty Ltd ACN 611 972 091
  9. TWT Bondi Junction Pty Ltd ACN 615 944 075 as trustee for TWT Bondi Junction Fund
  10. TWT Mortgage Income Fund Pty Ltd ACN 625 547 980 as trustee for TWT Mortgage Income Fund

(the term TWT applies equally to each of the entities listed above, both as a corporate group and individually, as applicable). This Statement may be updated to include additional TWT entities or to remove one of the above entities by the Privacy Officer of TWT from time to time.

TWT operates a real estate development and financial services business, in which it sources and invests into real estate development opportunities and provides general financial advisory, management and transactional services for wholesale clients in respect of real estate investment opportunities, as well as acting as an investor or financier in its own right. In this role, TWT may act as a trustee or investment manager. TWT may also act as a development manager in respect of real estate development opportunities.

Our privacy commitment

Your personal information will always be handled by TWT in accordance with our Privacy Policy, this Statement and the Australian Privacy Principles. If you have any queries relating to TWT’s Privacy Policy or the manner in which we handle your personal information, please contact our Privacy Officer, Stone Xiao, on +61 2 9906 1888 or enquiry@twtglobal.com.au

Who do we collect personal information from?

TWT collects personal information from people who are potential clients and clients and from other people who are connected to its operations and activities – including employees, investors, investee companies, borrowers, service providers and suppliers.

What is personal information?

Personal information is any information or an opinion, whether true or not, about you that identifies you, or by which your identity can be reasonably ascertained. This includes information such as name, date of birth, gender, contact information, credit/debit card information, credit file information, information about your business or investment and business or investment track record.

How does TWT collect my personal information?

Whenever reasonable and practical to do so, TWT collects information about individuals directly from the individual.

In some cases, TWT collects personal information from third parties, including public sources, its related companies, referrers, brokers, agents, an individual’ or entity’s adviser(s), its service providers (including credit reporting agencies and information service providers), investee companies and other persons and entities with whom it does business.

TWT may also obtain information about you from third parties such as credit bureaus and identity verification services (such as Dun & Bradstreet, Veda and Experian), but if you are an individual, only where you have given express consent for it do so.

You agree that TWT may collect, store and use this personal information in accordance with this Privacy Statement.

For what purpose is my personal information being collected?

 The primary purpose for which TWT collects personal information is so that it can carry out its financial services business as an independent investment and advisory firm. We may use your personal information and you consent to your personal information being used to:

TWT does not sell personal information to other organisations.

Secondary Purpose(s)

Your personal information may also be used for any other specific purpose for which it was requested, and which was advised to you and any directly related purpose to a primary purpose above.

Marketing purposes

 Where we use your personal information to send you marketing and promotional information by post, email or we contact you by telephone, you will be provided with an opportunity to opt-out of receiving such information. By electing not to opt-out, we will assume we have your implied consent to receive similar information and communications in the future. We will always ensure that our opt-out notices are clear, conspicuous and easy to take up.

Website usage information and cookies

When you access our website, we may use software embedded in our website (such as JavaScript) and we may place small data files (or cookies) on your computer or other device to collect information about which pages you view and how you reach them, what you do when  you visit a page, the length of time you remain on the page, and how we perform in providing content to you. We do not presently associate such information with an identifiable person and so the collection of such information is not personal information.

You may decline our cookies if your browser or browser add-on permits but doing so may interfere with your use of our website and TWT’s services. You can refer to the ‘help’ section of your browser or installed applications for instructions on blocking, disabling or deleting cookies.

In what situations may I deal with TWT anonymously or by pseudonym?

 You have the option to deal anonymously or by pseudonym if you contact us by telephone and you merely seek information about our services, but you do not wish to enter into any further discussions with us. However, if you wish to deal with us in this way, you will not be able to engage with us in respect of our service offering. If you wish to engage with us in respect of our service offering, you must provide us with your personal information.

What happens if I don’t provide all of my information?

If you do not provide some or all of the personal information requested, we will not be able to offer you the services you require, and we may not be able to provide you with all of the information that you seek about our services. For example, if you do not provide your personal information which is required for us to conduct our AML/CTF check in respect of your identity, we will not be able to engage with you as a potential client, investor or co-investor.

To whom is my personal information usually disclosed?

 In carrying out our business, we may need to disclose your personal information to others, as follows:

Disclosure of personal information overseas

We are not likely to disclose your personal information overseas, except as permitted by the Privacy Act, unless we otherwise advise you in writing.

Where is my personal information stored?

Your personal information will be stored on a password protected electronic database, which may be a TWT database, a database maintained by a cloud hosting service provider or other third-party database storage or server provider. All such personal information is maintained within the effective control of TWT. We have arrangements which require third party service providers to maintain the security of the information and we take reasonable steps to protect the privacy and security of that information, however, we are not liable for any unauthorised access or use of that information.

Your personal information will stay on the database indefinitely until you advise you would like it removed, unless we de-identify it or destroy it earlier in accordance with privacy law requirements.

Access to your personal information

TWT will, upon your request, and subject to applicable privacy laws, provide you with access to your personal information that is held by us. However, we request that you identify, as clearly as possible, the type/s of information requested. We will deal with your request to provide access to your personal information within 30 days and you agree we may charge you our reasonable costs incurred in supplying you with access to this information.

Your rights to access personal information are not absolute and in certain circumstances, privacy laws dictate that we are not required to grant access such as:

If you agree to us verifying your identity using e-verification (i.e. electronic identity verification by a credit reporting agency), you have the right to access the verification assessment provided by the relevant credit reporting agency.

Updating your personal information

You may ask us to update or delete the personal information we hold about you at any time.  You accept that we will take reasonable steps to verify your identity before granting access or making any corrections to or deletion of your information. We also have obligations to take reasonable steps to correct personal information we hold when we are satisfied that it is inaccurate, out- of-date, incomplete, irrelevant or misleading for the purpose for which it is held.

If you require access to, or wish to update your personal information, please contact us at TWT Funds Limited ACN 165 806 351 of Level 5, 55 Chandos Street, St Leonards NSW 2096, +61 2 9906 1888, or enquiry@twtglobal.com.au.

Problems or queries

 If you have any queries or complaints about our handling of your personal information in accordance with privacy laws or for further information about TWT’s Privacy Policy, please contact our Privacy Officer, Stone Xiao, on +61 2 9906 1888 or enquiry@twtglobal.com.au.

For more information about privacy in general, you can visit the Office of the Information Commissioner’s website at www.oaic.gov.au.

If you wish to make a complaint about the collection, use or disclosure of your personal information, please contact our privacy officer, and we will work with you to resolve the issue.

If after this process you are not satisfied with our response, you can submit a complaint to the Office of the Information Commissioner.  To lodge a complaint, visit the ‘Complaints’ section of the Information Commissioner’s website, located at http://www.oaic.gov.au/privacy/privacy-complaints, to obtain the relevant complaint forms, or contact the Information Commissioner’s office.

TERMS OF USE

This website is operated by TWT Property Group Pty Ltd (TWT). All use of, and access to, this site is granted subject to the terms and conditions set out below. By continuing to use this website you accept the terms of use and confirm that you are of legal age to enter and use this site and agree to these terms of use. The terms of use as they apply may be updated from time to time

Information only

The information on this website has been prepared by TWT and its related entities for the purpose of information only. It does not constitute an offer for sale, or solicitation for the purchase of securities, units or other investments. This information does not constitute personal advice and has been prepared without taking into account your objectives, financial situation or needs. TWT and its related entities recommend investors seek professional advice before making any investment

Accuracy of information and liability

TWT and its related entities do not warrant the accuracy, completeness or currency of information that is made available through this website and do not accept or assume any liability or responsibility for the accuracy, currency or completeness of any aspect of this website. All information contained in this website is from sources reasonably believed by TWT and its related entities to be accurate at the time of publication. Past performance of any product described on this site is not a reliable indication of future performance. TWT will make reasonable endeavours to ensure that information is updated as soon as practicable. To the maximum extent permitted by the law, TWT and its related entities:

Any investor must satisfy itself by its own investigation and by undertaking all necessary searches and enquiries as to the accuracy and comprehensiveness of the information contained on this website or otherwise made available to it by TWT or one of its related entities.

Copyright and Intellectual Property

TWT and its related entities reserve the right to take whatever legal action necessary to protect the security of this website, copyright and other intellectual property rights in relation to the information provided on this website. TWT and its related entities may take legal action in respect of any use of their corporate and business names, copyright material or other intellectual property, without permission, other than in accordance with express directions from TWT or one of its related entities or if there is a breach of any other rights or general legal obligations.

Website Links

This website may contain links to other websites not operated by TWT or its related entities. TWT does not take responsibility for sites of other organisations, whether or not linked, or any device used to access our site.

Privacy

Any personal information collected from this site will be handled in accordance with our Privacy Policy. Our Privacy Policy details how we comply with the requirements of the Privacy Act in the handling of your personal information.

Website Subject To Change

The contents of this website, including these terms of use, unless otherwise specifically stated to the contrary are subject to change by TWT without prior notification and may at times be out of date. If you do not accept the terms and conditions of use you should immediately exit this website.