Haimes Homes Pty Ltd

Referral Program Terms and Conditions

 1.0 Acceptance

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.

2.0 Definitions and Interpretation

2.1 In these Terms, unless the context requires otherwise:

• “Building Contract” means a binding and unconditional Building Contract relating to the purchase of a Property;
• “Claim” means a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or received by or against a person;
• “Client” means a person who has previously entered into a Building Contract with Us and has paid the Deposit pursuant to the terms of the Building Contract;
• “Deposit” means a deposit required to be paid under a Building Contract;
• “Eligible Referral” has the meaning set out in clause 3.2;
• “ Eligible Participant” means this programme is strictly limited to Past CLients, Existing Clients, Staff Members, Subcontractors & Contractors presently working with McCarthy Homes.
• “GST” means the Goods and Services Tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended);
• “Our”, “Us” or “We” means McCarthy Homes (QLD) Pty Ltd;
• “Personal Information” has the same meaning as set out in the Privacy Act 1988 (Cth);
• “Program” means the Referral Program as established under these Terms;
• “Property” means any property owned and advertised for sale by Us or any house and land package owned and advertised for sale and build by Us;
• “Referral” means the act of submitting details about a Referred Person through the Website;
• Referral Fee” means the fee paid by Us in accordance with these Terms in the sum advertised by Us from time to time on the Website;
• Referred Person” means a person referred to Us via a Referral who has not previously enquired about a Property, Our company or business and/or has not previously executed a Building Contract with Us, as determined by Us in Our sole discretion;
• “Terms” means these Terms and Conditions together with schedules or annexures to the same;
• “You” or “Your” means you as a user of the Program and is limited to Our current or former Clients or Personnel; and
• “Website” means www.haimeshomes.com.au

2.2  In these Terms, unless the context requires otherwise:

1. headings are for convenience only and do not affect the interpretation of these Terms;
2. a reference to one gender includes others;
3. references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to these Terms;
4. a reference to the singular includes the plural and the plural includes the singular;
5. all monetary amounts are in Australian currency unless specifically stated otherwise;
6. a reference to time refers to time in Brisbane, Australia;
7. “includes” is not a word of limitation;
8. no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party;
9. where a word or expression is given a particular meaning, other parts of speech and grammatical forms of a word or phrase defined in these Terms have a corresponding meaning;
10. an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and vice versa;
11. a reference to a party includes the party’s executors, administrators, successors and permitted assigns;
12. if an act must be done on a specified day which is not a business day, it must be done instead on the next business day;
13. if a party consists of more than 1 person, then these Terms bind each of them separately and any 2 or more of them jointly;
14. a reference to a statute, regulations, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws under that statue; and
15. a reference to a document or agreement includes all the amendments or supplements to, or replacements or novations of, that document or agreement.

3.0 Referral Program

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:

1. all information required on the Website in order to submit a Referral is accurately and wholly completed;
2. the Referral is completed prior to the Referred Person making initial contact with Us; and
3. these Terms are accepted.

3.3 We will only be required to pay You the Referral Fee where:

1. You have, in Our sole discretion, completed an Eligible Referral;
2. We have not received any Eligible Referrals in relation to the Referred Person prior to receiving Your Eligible Referral;
3. the Referred Person confirms, to Our satisfaction, that You referred them to Us;
4. the Referred Person has duly executed a Building Contract;
5. the Referred Person has paid the Deposit in accordance with the terms of the Building Contract;
6. Your Referral was lodged no earlier than twelve (12) months from the date that the Referred Person executed the Building Contract and paid the Deposit in accordance with the terms of the Building Contract;
7. We are satisfied, in Our sole discretion, that You have complied with these Terms.

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.

4.0 GST

4.1 All figures expressed in these Terms or to be paid to You by Us are inclusive of GST unless expressly stated otherwise.

5.0 Disputes

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.

6.0 Indemnity

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.

7.0 Amendments

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.

8.0 Personal Information

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.

9.0 General Provisions

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.