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TERMS AND CONDITIONS

Access to, and use of, this website is provided by Australian Property Alliance Pty Ltd (ACN 102 889 896 ) (“APA”) subject to the following terms and conditions:

1. By accessing and using of website, you accept these terms and conditions, which take effect immediately on your first use of this website.

2. This website and the information, names, images, pictures, logos and icons regarding or relating to APA, its products and services (or to third party products and services) is provided “as is available” without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

3. If there is any conflict between these terms and conditions and/or specific terms appearing elsewhere on this website relating to specific material, then the latter shall prevail.

4. If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

5. If these terms and conditions are not accepted in full, you do not have permission to access the contents of this website and therefore should cease using this website immediately.

6. These terms and conditions shall be governed by and construed in accordance with the laws of Western Australia. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of Western Australia.

7. APA reserves the right to change these terms and conditions at any time by posting changes online. You are responsible for regularly reviewing information posted by us online to obtain timely notice of such changes. Your continued use of this website after changes are posted constitutes your acceptance of these terms and conditions as modified by the posted changes.

8. Material may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except for your own personal non-commercial home use. Any other use requires the prior written permission of APA. You may not adapt, alter or create a derivative work from any of the material contained in this website or use it for any other purpose other than for your personal non-commercial use.

9. You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this website by, any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful or which may cause inconvenience or distress to any person and the transmission of obscene or offensive content.

10. In no circumstances will APA be liable for any damages including, without limitation, indirect consequential and economic damages or damages whatsoever arising out of the use of or in connection with this website whether in action of contract, negligence or other tortious action.

11. APA does not warrant that the functions contained in the material contained in this website will be uninterrupted or error free, that defects will be corrected or that this website or the server that makes it available are free of viruses or bugs. APA does not warrant or represent the full functionality, accuracy and reliability of the material contained in this website.

12. The names, images and logos identifying APA or third parties and their products and services are proprietary marks of APA and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trademark or patent of APA or any other third party.

 

Win A Cruise with Nicheliving Promotion - Terms & Conditions.

Entries must complete this form, attend their meeting and use the ‘Check In’ option on Facebook to check in to Nicheliving. The prize is a cruise on the Sun Princess, leaving Fremantle on the 20th of March 2016 cruising for 4 days. 21st March at sea. 22nd March stops in Albany, arrives at 7am and departs at 4pm. 23rd March stops in Margaret River, arrives at 8am and departs 6pm. 24th March returns to Fremantle at 6am. Prize is based on 2 people sharing an inside cabin. The winner and their companion must have a valid passport and be a permanent Australian Resident to travel and be able to provide details upon request. The winner cannot exchange prize for cash. The winner cannot change the name of any passengers once the names have been finalised. If the winner wishes to upgrade to an ocean view or balcony cabin or want to add family or friends to their holiday at their own cost they can contact Anthony Triscari who will be more than happy to assist. *For full Terms and Conditions please refer to the back of this sheet

1. All information published by the Promoter concerning entry into the Competition forms part of these Terms and Conditions. Entry into the Competition is deemed acceptance of these Terms and Conditions.

2. The promoter of the Competition is Australian Property Alliance Pty Ltd (ACN 102 889 896) (the Promoter).

3. To be eligible to enter the Competition, a person must:
(a) be over the age of 18 years; and
(b) have a valid passport.

4. Employees and Relatives (as defined by the Corporations Act 2001) of employees of the Promoter are not eligible to enter the Competition.

5. An eligible entrant may successfully enter the Competition by attending a meeting with the Promoter, and checking into Nicheliving on Facebook and completing the competition entry form. There is a limit of one entry into the Competition per person.

6. The Competition commences at 8am AWST on 17 June 2015 and closes at 5pm AWST on 17 August 2015.

7. All entries are deemed to be received at the time the entrant provides the Promoter with a competition entry form, or the entrant “checks in” to Nicheliving on his or her Facebook page, or attends a meeting with the Promoter, whichever is later. Entrants submitting competition entry forms which are illegible, incomplete or incomprehensible will, in the absolute discretion of the Promoter, be disqualified.

8. The prize is 1x cruise for 2 people sharing an inside cabin on the Sun Princess departing from Fremantle on 20 March 2016 and returning to Fremantle on 24 March 2016, valued at up to $1380 (the Prize). The Prize cannot be transferred, exchanged or refunded and cannot be redeemed for cash.

9. The winner of the Prize (Competition winner) will be chosen at the discretion of the Promoter by a random selection at 3pm AWST on 21 August 2015 at the registered office of the Promoter. The Promoter will use all reasonable endeavours to contact the Competition winner within 5 business days of the draw using the contact details listed on the competition entry form.

10. The Competition winner must accept the prize within 2 weeks of the draw and if the Prize remains unclaimed, the Prize will be forfeited. The Prize can only be redeemed by the Competition winner.

11. The Competition winner must notify the Promoter of his or her full name and passport details and the full name and passport details of his or her nominated travel companion (the companion) before

16 December 2015. Once these details have been provided to the Promoter, they cannot be changed.

12. Both the Competition winner and the companion must have a valid passport.

13. Upon accepting the Prize, the winner and the companion agree to be subject to the Prize supplier’s terms and conditions and general terms of carriage. It is the responsibility of the Competition winner and the companion to obtain a copy of those terms and conditions and general terms of carriage and any other documentation, as required by the Prize supplier.

14. The Prize is subject to availability.

15. Unless expressly stated otherwise, all other expenses are the responsibility of the Competition winner. The Competition winner is responsible for all travel costs to and from the point of departure, spending money, travel insurance, excess baggage, government taxes, meals, beverages, service charges, transfers and ancillary costs and any other expenses.

16. The value of the Prize is based upon the recommended retail price of the Prize as at 11 June 2015. The Promotor accepts no responsibility whatever for any change in the value of the Prize.

17. The Promoter reserves the right to refuse to allow the Competition winner to take part in any or all aspects of the Prize, if the Promoter determines, in its absolute discretion, that the Competition winner is not in the mental or physical condition necessary to be able to safely participate in the Prize.

18. The Promoter’s decision is final and binding and no correspondence will be entered into.

19. By accepting the Prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the Prize, including but not limited to, being interviewed and photographed.

20. The Competition winner is advised that tax implications may arise from their acceptance of the Prize and so the Competition winner agrees to seek independent financial and taxation advice prior to accepting the Prize.

21. It is a condition of accepting the Prize that the Competition winner and the companion may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.

22. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability, for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising out of the Competition, including but not limited to:
(a) any theft, unauthorised access or third party interference;
(b) any variation in the value of the Prize;
(c) any financial or taxation liability incurred by the Competition winner or any entrant;
(d) participation in or use of the Prize.

23. The Promoter collects personal information about entrants to enable entrants to participate in this Competition (which may include disclosure to third parties for the purpose of processing and conducting the Competition) but no further use of this information will be made without the entrant’s prior consent. Each entrant agrees to his or her personal information being disclosed to State and Territory Lottery Departments and being published (if he or she wins the Prize) as required under the relevant lottery legislation.

24. If for any reason this Competition is not capable of running as planned, including due to tampering, unauthorized intervention, fraud or any other causes beyond the control of the Promoter, which affects the administration, security, fairness or proper conduct of this Competition, the Promoter reserves the right in its sole discretion to disqualify any entrant who tampers with the entry process, take any action that may be available, and to cancel, modify or suspend the Competition, subject to any written directions from the any relevant regulatory authority.

25. The Promoter reserves the right in its sole discretion to disqualify any entrant who the Promoter reasonably believes has breached any of these Terms and Conditions, or engaged in any unlawful or other improper misconduct.

26. An entrant may at any time request that he or she be withdrawn from the Competition. Upon receipt of such request the Promoter will use all reasonable efforts to withdraw an entrant from the Competition.

27. The agreement created under these Terms and Conditions is subject to the laws of Western Australia, and entrants and the Promoter submit to the non-exclusive jurisdiction of the courts of that state.

28. If a provision of these Terms and Conditions is invalid, illegal or unenforceable, then to the extent of that invalidity, illegality or unenforceability, that provision is severed from these Terms and Conditions and all other provisions remain in full force and effect.

 

 

   
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