Name: Boston Marketing
Price range: $

Platinum Program
Our Ref: BBM:SAR:1901809
PAYCE BS 2 Pty Ltd ACN 601 437 067 & SH Melrose Development 2 Pty Ltd ACN 601 434 557

1. Introduction
2. Benefits
3. Referral Reward
4. Priority Notification and Access
5. Additional Membership Benefits
6. Melrose Platinum Member Obligations
7. General Conditions
8. Definitions

1. Introduction

(a) Under the Platinum referral program (Platinum Program) offered by PAYCE BS 2 Pty Ltd ACN 601 437 067 & SH Melrose Development 2 Pty Ltd ACN 601 434 557 (Developer), Platinum members may be eligible for a referral reward (see section 3)
(b) If you do not understand these terms and conditions or have any questions, please contact our Platinum Team at reception@payce.com.au or on (02) 8080 2300 and we will be happy to help you.

2. Benefits

2.1 Who can become a Platinum Program member?
(a) Any individual over the age of 18 years of age who is a Registered Client is eligible to become a Platinum Program member.
(b) To become a Registered Client, a person must complete the registration process on the Developer’s website.

2.2 Who is eligible for Benefits?
(a) To be eligible to receive Benefits under the Platinum Program, a Platinum member must sucessfully refer a purchaser to enter into an unconditional Melrose Contract (Referrer).
(b) There is no fee payable to become, or remain, a Platinum member.

2.3 Acceptance of terms and conditions
(a) By claiming or accepting any Benefit under the Platinum Program, you are confirming that you:
(i) accept these terms and conditions; and
(ii) have read and accept the Developer’s privacy policy contained in this link – Platinum Privacy Policy
(b) Any breach of these terms and conditions may disentitle a Platinum Member under 2.2 from receiving any Benefits from the Developer.

3. Referral Reward

3.1 Overview
(a) Referrers may be entitled to receive a referral reward of $5,000 in the form of a gift card issued by the Developer when they introduce a new buyer to the Developer in accordance with this section 3.
(b) Only one referral reward is payable on each Melrose Contract.
(c) Gift cards issued in accordance with this section:
(i) will have an expiry date as determined by the issuer; and
(ii) should be treated like cash, as lost or stolen gift cards will not be replaced.
(d) The referral reward is only available for redemption for registrations from 24 March 2020.
(e) Any disputes in relation to referrals will be decided by the Developer in its absolute discretion.

3.2 Pre-conditions to receipt of the referral reward
Each of the following conditions must be satisfied for a Referrer to be entitled to a referral reward:
(a) the Referrer must:
(i) complete the Referral Form on or before the Melrose Contract is signed by the Referred Purchaser; and
(b) the referred purchaser (Referred Purchaser) must:
(i) not be an existing Platinum member;
(ii) enter into an unconditional Melrose Contract before 31 December 2020;
(iii) satisfy the Purchaser Conditions in the Melrose Contract; and
(iv) must not have been previously referred by another Referrer.

3.3 Multiple purchasers
Where there are multiple purchasers:
(a) at least one of the purchasers must satisfy the conditions for being a Referred Purchaser in section 3.2(b); and
(b) all of the purchasers must satisfy the requirement in 3.2(b)(iii).

3.4 No cap
(a) There is no cap on the amount, or number of, referral rewards that a Referrer may be paid for referring new purchasers to the Developer subject to 3.4(b).
(b) The referral reward is only available on the first Melrose Contract entered into by the Referred Purchaser and not on any subsequent purchases by the Referred Purchaser.

3.5 Payment of referral award
The referral reward will be paid to the registered Referrer in a manner notified by the Developer within 10 Business Days of the latest to occur of:
(a) the Purchaser Conditions in the Referred Purchaser’s Melrose Contract being satisfied;
(b) the Referrer providing to the Developer evidence of his or her identity by way of drivers licence or passport; and
(c) the Referrer providing to the Developer a completed and signed Supplier Statement.

3.6 Exclusions
Despite any other term or condition, no referral reward is payable to an Agent or Agent’s Associate, when the referral is made in relation to a property:
(a) for which the Agent is eligible for a sales commission or other similar payment; or
(b) that forms part of a Development on which the Agent is currently engaged as a selling agent.

4. Priority Notification and Access

On becoming a Platinum member, members will receive:
(a) notifications of any upcoming Development stage releases; and
(b) access to purchase such properties,
before they are notified, or released for sale, to the general public (unless the Platinum member has unsubscribed from receiving these notifications or access). Platinum members acknowledge that the Developer’s officers and employees may receive the same priority notification benefits as members do.

6. Melrose Platinum Member Obligations

Melrose Platinum members must not:
(a) act in any way that breaches these terms and conditions;
(b) abuse or misuse the Platinum Program offered by the Developer;
(c) supply or attempt to supply false or misleading information or make a false representation to the Developer;
(d) sell, assign or transfer, or offer to sell, assign or transfer the Platinum membership or any Benefit under the Platinum Program, the latter of which is personal to that Platinum member; or
(e) be engaged in referrals other than wholly for private or domestic purpose; or
(f) seek to obtain any commercial benefit from the Platinum Program offered by the Developer.

7. General Conditions

7.1 Reservation of rights
The Developer reserves the right (in its absolute discretion) to:
(a) refuse to honour any Benefit accumulated by a Platinum member;
(b) reverse any Benefit accumulated or awarded by a Platinum member; and
(c) cancel, substitute or vary any of these terms and conditions (in whole or in part).

7.2 Cancellation, substitution and variation
Benefits accumulated by Platinum members prior to cancellation, substitution or variation of these terms and conditions may still be honoured at the Developer’s absolute discretion.

7.3 Liability
To the maximum extent permitted by law, the Developer is not liable for any costs, loss or damage incurred in connection with:
(a) any withdrawal, cancellation, variation or change to these terms and conditions;
(b) any breach of these terms and conditions by any person other than the Developer; and
(c) providing, or not providing, any Benefit.

7.4 Finality of decisions
Any decision made in relation to these terms and conditions are final and binding.

7.5 Governing law
These terms and conditions are governed by New South Wales law. Any person relying on, or seeking to enforce, these terms and conditions submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.

7.6 Severability
If any provision of these terms and conditions is unenforceable or invalid, it must be read down so as to be enforceable and valid. If this is not possible, the provision may be severed without affecting the enforceability or validity of the remaining provisions.

7.7 Waiver
Any failure or delay by the Developer in exercising its rights under these terms and conditions does not constitute a waiver. Any waiver by the Developer must be in writing and signed by an authorised officer of the Developer.

7.8 Interpretation
Unless otherwise stated:
(a) a singular word includes the plural, and vice versa;
(b) if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning;
(c) if an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing;
(d) all amounts stated in this document are in Australian dollars; and
(e) a reference to a statute or other law includes regulations and other statutory instruments under it and consolidations, amendment, re-enactments or replacements of any of them.

8. Definitions

In these terms and conditions, these terms have the following meanings:

Agent
A real estate or selling agent appointed by, or receiving commissions from the Developer.

Associate
in relation to an individual or company includes, for example:
(a) a Related Body Corporate of the company or individual (including a body corporate of which the company or individual is a director or shareholder or has a beneficial interest);
(b) any company or trust which the individual or company controls or influences, is a trustee of, or has a beneficial interest in; and
(c) 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
any benefit, privilege, promotion or reward offered under the Platinum Program to Platinum members in accordance with these terms and conditions.

Builder
a builder who acquires an interest in one or more residential lots in Melrose Park 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
any day except a Saturday, Sunday or public holiday in New South Wales.

Melrose Contract
a contract for the purchase of a residential lot in the development known as Melrose Park 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 the Developer’s discretion and may depend on the type and nature of properties purchased and the purchaser.

Purchaser Conditions
those conditions in a Melrose Contract that the purchaser must satisfy before settlement can occur (e.g. finance approval). Satisfaction of the Purchaser Conditions occurs when all such conditions have been satisfied or waived.

Referral Form
the form required by the Developer to be signed or completed by a Referrer seeking to obtain a referral reward.

Referred Purchaser
the meaning given in 3.2.

Referrer
the meaning given in 2.2(a) and 3.2.

Related Body Corporate
the meaning given in the Corporations Act 2001 (Cth).

Supplier Statement
An Australian Taxation Office Statement by a supplier in the form provided by the Developer confirming that the Referrer is engaged in wholly private or domestic purposes when participating in the Platinum Program.

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