Sekisui House Rewards Program | Terms and Conditions
1. Sekisui House Rewards Program
1.1 Introduction
The Sekisui House Rewards Program (Rewards Program) provides Eligible Members with the opportunity to participate in certain promotions.
The relevant promotions comprise:
(a) the Referral Reward Promotion (see clause 5); and
(b) the Repeat Purchase Reward Promotion (see clause 6).
1.2 Terms
(a) These Terms apply to the Rewards Program. By becoming a Member, a person agrees to be bound by these Terms.
(b) Under these Terms, specific terms and conditions, including eligibility requirements, apply to each Promotion.
1.3 Changes
(a) There may, at any time and from time to time, be changes to:
(i) the Promotions; and
(ii) these Terms.
(b) Clause 7 contains provisions dealing with these matters.
1.4 Sekisui House's discretion
Provided that it is reasonable, Sekisui House’s decision on any matter relating to the Rewards Program is final and binding, including regarding any disputes relating to the identity of a Member or entitlement of a Member to any Benefit.
2. Membership
2.1 Becoming a Member
To become a member of the Rewards Program (Member), a person must:
(a) be a natural person and over the age of 18 years; and
(b) be named as a purchaser under an Eligible Contract and have completed the purchase under that contract; and
(c) register online, through the Website, as a Member; and
(d) be accepted by Sekisui House, by notice in writing to the person, as a Member.
2.2 Sekisui House's rights
Sekisui House reserves the right (in its absolute discretion) to:
(a) refuse to accept any person as a Member;
(b) exclude a Member from participating in the Rewards Program;
(c) suspend or terminate a Member's participation in the Rewards Program; and
(d) cancel the membership of a Member.
2.3 Cancellation of membership by a Member
A Member can cancel their membership at any time by sending an email request to [email protected].
3.Participating Developments
The Rewards Program only applies to properties within the following developments (Participating Developments):
(a) Stage 32, Gledswood Hills (known as Norman Estates), but excluding Lakeside;
(b) Elara;
(c) The Gables; and
(d) Bingara
4. Eligibility requirements for Members
(a) To participate in a Promotion, a Member must satisfy the following eligibility requirements:
(i) the Member must not be in breach of any contract for the sale and purchase of land or building contract to which Sekisui House or any of its Related Entities is a party (Relevant Contract); and
(ii) the Member must not be in breach of these Terms.
(b) If, after a Member participates in a Promotion, the Member ceases to be an Eligible Member, the Member's entitlement to any Benefit is suspended until the Member once again becomes an Eligible Member.
(c) If any Relevant Contract is terminated because of a Member's breach, insolvency or repudiation, then:
(i) the Member is excluded from participating in the Rewards Program and, if applicable, ceases to be an Eligible Member; and
(ii) the Member's entitlement to any Benefit terminates.
5. Referral Reward Promotion
5.1 General
(a) Under this promotion, subject to these Terms, Sekisui House will pay a $10,000 referral reward (Referral Reward) to an Eligible Member where all of the following criteria are satisfied:
(i) the Eligible Member refers an Eligible Buyer to Sekisui House in accordance with clause 3; and
(ii) after being referred to Sekisui House by the Eligible Member, the Eligible Buyer:
(A) enters into an Eligible Contract with Sekisui House; and
(B) pays the full deposit due under the Eligible Contract,
between 10 September 2024 and 15 December 2024; and
(iii) the Eligible Buyer completes the Eligible Contract on or before 31 December 2024; and
(iv) the Eligible Member is not precluded from claiming the Referral Reward under clause 2.
(b) The Referral Reward will be paid to the relevant Eligible Member:
(i) within 30 Business Days after completion of the relevant Eligible Contract; and
(ii) by electronic funds transfer to the bank account nominated by the Eligible Member.
(c) Whether or not an Eligible Buyer completes, or is capable of completing, an Eligible Contract on or before 31 December 2024 depends on a number of things, many of which are outside of Sekisui House's control. No promise or representation is made by Sekisui House that an Eligible Buyer will complete, or be capable of completing, an Eligible Contract on or before 31 December 2024.
(d) Clause 3 sets out how an Eligible Member participates in this promotion.
(e) The Referral Reward is inclusive of any GST.
5.2 Exclusions
(a) Multiple purchasers
(i) Only one Referral Reward can be claimed in relation to an Eligible Contract, even if more than one of the purchasers under the Eligible Contract were referred to Sekisui House by the Eligible Member
(ii) If there is more than one purchaser under an Eligible Contract, a Referral Reward can only be claimed in respect of the Eligible Contract if all of the purchasers under the Eligible Contract are Eligible Buyers.
(b) Buyer referred by someone else
A Referral Reward cannot be claimed by an Eligible Member in respect of an Eligible Contract if, before or at the same time that the Eligible Member made the relevant referral under clause 5.3, another Eligible Member made a referral under that clause in respect of any of the purchasers under the Eligible Contract.
(c) Further Referral Rewards
After a person has received a Referral Reward (Initial Referral Reward) in connection with a particular purchaser, they cannot claim:
(i) a further Referral Reward in connection with that purchaser; or
(ii) a Referral Reward in connection with a person who:
(A) was a purchaser under the Eligible Contract in respect of which the Initial Referral Reward was paid; or
(B) is the Spouse of a purchaser under the Eligible Contract in respect of which the Initial Referral Reward was paid.
(d) Agents and other similar persons
A person cannot claim a Referral Reward in respect of an Eligible Contract if the person (or any Associate of the person) receives, or is entitled to receive, in respect of that Eligible Contract, any remuneration, whether by way of commission, fee, gain, reward for services or otherwise.
(e) Eligible Contracts entered into in a short space of time
Unless Sekisui House agrees otherwise in writing, a Referral Reward cannot be claimed in respect of an Eligible Contract (Subject Contract) if another Eligible Contract is entered into or was entered into by any of the purchasers under the Subject Contract (or their Associate):
(i) on the same date that the Subject Contract is entered into; or
(ii) in the period of 12 calendar months immediately preceding that date.
5.3 How to participate in the Referral Reward Promotion
(a) A Member participates in this promotion by referring an Eligible Buyer to Sekisui House in accordance with this clause 3.
(b) A referral of an Eligible Buyer:
(i) can only be made using the online referral form made available by Sekisui House; and
(ii) must be made before the relevant Eligible Contract is entered into.
6. Repeat Purchase Reward
6.1 General
(a) Under this promotion, subject to these Terms, an Eligible Member will be entitled to a reward (Repeat Purchase Reward) where all of the following criteria are satisfied:
(i) they enter into and complete an Eligible Contract after having previously entered into and completed at least one other Eligible Contract; and
(ii) they apply for the Repeat Purchase Reward in respect of the Eligible Contract in accordance with clause 3; and
(iii) the Eligible Member is not precluded from claiming the Repeat Purchase Reward under clause 2.
(b) A Repeat Purchase Reward will be calculated as follows:
Eligible Contract |
Amount of Repeat Purchase Reward |
Second Eligible Contract that is entered into and completed
|
1% of the Contract Price under the Eligible Contract
|
Any Eligible Contract that is entered into and completed after the second Eligible Contract is entered into and completed |
1.5% of the Contract Price under the Eligible Contract |
(c) Clause 3 sets out how an Eligible Member participates in this promotion.
(d) The Repeat Purchase Reward is inclusive of any GST.
6.2 Exclusions
(a) Multiple purchasers
If there is more than one purchaser under an Eligible Contract:
(i) only one Repeat Purchase Reward can be claimed in respect of the Eligible Contract and any entitlement to a Repeat Purchase Reward is held by the purchasers jointly;
(ii) a Repeat Purchase Reward can only be claimed in respect of the Eligible Contract if all of the purchasers are entitled to a Repeat Purchase Reward in respect of that Eligible Contract; and
(iii) the Repeat Purchase Reward will be the maximum Repeat Purchase Reward to which a purchaser under the Eligible Contract is entitled.
(b) Eligible Contracts entered into within short space of time
Unless Sekisui House agrees otherwise in writing, a Repeat Purchase Reward cannot be claimed in respect of an Eligible Contract (Subject Contract) if another Eligible Contract is entered into or was entered into by the Eligible Member (or their Associate):
(i) on the same date that the Subject Contract is entered into; or
(ii) in the period of 12 calendar months immediately preceding that date.
(c) Certain persons excluded
An Eligible Member cannot claim a Repeat Purchase Reward if they are:
(i) a builder (including a licensed builder); or
(ii) a developer; or
(iii) a person acting as agent, trustee or custodian for another person.
6.3 How to participate
(a) A Member participates in this promotion by applying for a Repeat Purchase Reward in relation to an Eligible Contract in accordance with this clause 3.
(b) An application for a Repeat Purchase Reward must be:
(i) made using the online application form made available by Sekisui House; and
(ii) submitted before completion of the Eligible Contract to which the application relates.
6.4 Timing and method of payment of Repeat Purchase Reward
A Repeat Purchase Reward will be paid as a rebate:
(a) within 30 Business Days after the Eligible Member completes the Eligible Contract to which the Repeat Purchase Reward relates; and
(b) by electronic funds transfer to the bank account nominated by the Eligible Member (or, if there is more than one Eligible Member entitled to the Repeat Purchase Reward, nominated by any of those Eligible Members).
7. Changes
(a) Sekisui House reserves the right (in its absolute discretion) at any time and from time to time to:
(i) withdraw or replace a Promotion;
(ii) vary any of these Terms, including any specific terms and conditions that apply to a particular Promotion; and/or
(iii) change the Participating Developments, including remove or add developments.
(b) Sekisui House will use its best endeavours to give Members notice of any such withdrawal, replacement, variation or change by email or posted mail and provide notice on the Website. Members are deemed to have received a notice once a Member has been sent an email or posted mail, and Sekisui House has posted a notification on the Website.
(c) Benefits accrued by Members prior to any such withdrawal, replacement, variation or change will still be honoured by Sekisui House.
8. Completion
For the purposes of these Terms, and unless Sekisui House agrees otherwise in writing, a contract for the sale and purchase of land is not completed unless:
(a) all money payable by the purchaser under the contract has been paid;
(b) all things that the purchaser under the contract is required to provide to the vendor on completion have been provided; and
(c) a transfer of the relevant land naming the purchaser under the contract as the transferee is lodged for registration.
9. General Terms and Conditions
9.1 Entitlements are personal
Any entitlement of an Eligible Member to a Benefit is personal to them and is not capable of being assigned or transferred in whole or in part to another person.
9.2 Participant obligations
Members must not:
(a) abuse or misuse the Rewards Program;
(b) engage in illegal or fraudulent activities including the supply of false or misleading information to Sekisui House; or
(c) purport to sell, assign or transfer any Benefits or offer to sell, assign or transfer any Benefits.
9.3 Privacy
(a) Sekisui House agrees to use any Personal Information collected in accordance with the company’s Privacy Policy (available at sekisuihouse.com.au/policies).
(b) Members agree to provide Sekisui House with up to date Personal Information when participating in a Promotion. If any Personal Information required from a Member is not up to date, the Member may not be able to receive a Benefit under the Rewards Program.
9.4 Liability
To the extent permitted by law, Sekisui House (including its officers, employees and agents) is not liable for any cost, loss or damage incurred relating to:
(a) any withdrawal, replacement, variation or change the subject of clause 7; or
(b) any breach of these Terms by any person other than Sekisui House.
9.5 GST and Tax
(a) Any tax, duty or liability whatsoever in relation to any Benefit received under a Promotion will be the sole responsibility of the relevant Member.
(b) Members should contact their accountant or tax advisor if they have any queries relating to the tax implications of any Benefit.
9.6 Severability
If any part of these Terms is deemed unlawful, void or unenforceable for any reason, then that part may be severed from these Terms and it will not affect the validity and enforceability of the remaining provisions.
9.7 Waiver
Any waiver by Sekisui House of its rights under any of these Terms will not be deemed a waiver of any term or provision and will be a single waiver limited to the specific circumstance under which such waiver was granted.
9.8 Governing Law
These Terms are governed by and are to be construed under the laws of New South Wales. Members agree to submit to the exclusive jurisdiction of the courts of New South Wales and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms.
9.9 Promotion cannot be used in conjunction with another Promotion
Unless Sekisui House agrees otherwise in writing, a Promotion cannot be used or relied on in conjunction with:
(a) another Promotion; or
(b) any other applicable promotion, reward or incentive provided or offered by Sekisui House or any of its Related Entities.
9.10 Verification
Sekisui House reserves the right, at any time, to request verification of age, identity or other information relevant to participation in a Promotion or the Rewards Program. Sekisui House reserves the right to exclude from participation in any Promotion or the Rewards Program any Member who provides false information or fails to provide information that is reasonably requested by Sekisui House. This clause applies despite anything in these Terms to the contrary.
9.11 Consequential loss
To the extent permitted by law, Sekisui House is not liable to a Member for any indirect, consequential, exemplary, incidental, special or punitive damages or losses arising out of or in connection with the Member's participation in a Promotion even if Sekisui House has been advised of the possibility of such damages or losses.
10. Definitions