1.1 These Terms govern Your use of the Program. By submitting Your details through the Website or in Your use of the Program, You agree to be bound to these Terms.
2.1 In these Terms, unless the context requires otherwise:
2.2 In these Terms, unless the context requires otherwise:
3.1 You may submit as many Referrals via the Website as You wish. The submission of a Referral is not an entitlement to be paid a Referral Fee until the terms of this clause 3 are met.
3.2 A Referral will be deemed to be an Eligible Referral where:
3.3 We will only be required to pay You the Referral Fee where:
3.4 Only one (1) Referral Fee will be paid in relation to a Building Contract.
3.5 You will not be eligible for a Referral Fee merely because a third party advises Us that You referred them to Us. In order to be eligible for the Referral Fee, You must comply with these Terms in full.
3.6 Upon being satisfied that You have met the criteria in this clause 3, We will pay You the Referral Fee within seven (7) business days by way of cheque posted to Your address nominated in Your Referral.
4.1 All figures expressed in these Terms or to be paid to You by Us are inclusive of GST unless expressly stated otherwise.
5.1 Any disputes in relation to these Terms or a Referral will be determined by Us in Our sole discretion.
5.2 Any decision made by Us will be final and conclusive save for in the case of manifest error.
6.1 You agree to indemnify Us against any expenses including but not limited to, taxes and duties, incurred by You in relation to the Referral Fee.
6.2 You expressly acknowledge and agree that We are not liable to You for any direct, indirect, incidental, special, consequential or exemplary damages incurred by You through Your use of the Website, the Referral process or in connection with these Terms.
6.3 You undertake and agree to indemnify Us in respect of any Claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered or incurred by Us as a result of Our payment of the Referral Fee to You or in relation to these Terms.
7.1 We may amend these Terms at any time without notice to You. You undertake to review these Terms prior to the submission of a Referral.
7.2 You acknowledge and agree that We may suspend or terminate the Program at any time without notice to You.
8.1 We undertake to comply at all times with the National Privacy Principles contained within Schedule 3 to the Privacy Act 1988 (Cth).
8.2 Any Personal Information submitted via the Website will only be used in Our compliance with these Terms or for the marketing of the Property to a Referred Person.
8.3 We will take all necessary steps to protect Personal Information in Our possession against misuse or loss but cannot be held liable for any misuse of the same, unless such misuse is caused by Our negligence. This clause will survive the termination or expiry of these Terms.
9.1 Your rights and obligations under these Terms are personal and cannot be assigned, charged or otherwise dealt with, and You shall not attempt to or purport to do so, without Our prior written consent.
9.2 No failure to exercise and no delay in exercising any right, power or remedy under these Terms by Us will operate as a waiver. Nor will any single or partial exercise of any right, power or remedy by Us preclude any other or further exercise of that or any other right, power or remedy.
9.3 These Terms shall be governed by and construed in accordance with the law for the time being applicable in Queensland and You agree to submit to the non-exclusive jurisdiction of the Courts of Queensland and the Commonwealth of Australia.