Terms and Conditions
1. The Offer is promoted by Australian Property Alliance Pty Ltd (ACN 102 889 896) trading as Nicheliving and its related bodies corporate (collectively, Nicheliving).
2. Any attempt to redeem the Offer constitutes an acceptance of these Terms and Conditions.
3. The Offer commences at 8am AWST on 27 July 2017 and ends 30 September 2017 subject to these Terms and Conditions.
4. The Offer is available to buyers in relation to select Nicheliving house and land packages and select Nicheliving apartments (collectively, Nicheliving Homes) who:
(a) are over the age of 18 years;
(b) download the Loyalty App and create an account;
(c) use the Loyalty App to purchase a Nicheliving Home;
(d) complete a contract for sale of a Nicheliving Home before the Offer ends; and
(e) reach settlement on that Nicheliving Home before the Offer ends,
5. The Offer is redeemable upon settlement of the Buyer’s Nicheliving Home subject to these Terms and Conditions.
6. Subject to clause 15, to redeem the Offer the Buyer must, within 2 weeks after settlement, give Nicheliving notice in writing that settlement on the Buyer’s Nicheliving Home has occurred.
7. Nicheliving will award a Buyer with an e-Gift Card credited with Points^. The number of Points^ awarded will be calculated by applying the Reward Rate to the purchase price specified in the contract for sale for the Buyer’s Nicheliving Home, rounded up to the nearest whole number. In these Terms and Conditions the Reward Rate is 1 Point^ per 1 Australian dollar.
8. The e-Gift Card may take up to 30 days after settlement to appear in a Buyer’s Loyalty App account.
9. Upon redeeming the Offer, the Buyer agrees to be subject to the terms and conditions of Loyalty App. It is the responsibility of the Buyer to obtain a copy of those terms and conditions and any other documentation, as required by Loyalty App. See www.loyaltyapp.com.au
10. There is a limit of one Offer per Buyer. For the avoidance of doubt, where two or more Buyers purchase one Nicheliving Home together, an e-Gift Card will be awarded to one Loyalty App account only.
11. The Offer may not be redeemed in conjunction with any other offer other than as specified by Nicheliving from time to time.
12. The Offer is subject to Nicheliving’s continued partnership with Loyalty App.
13. The Offer is not open to employees and relatives (as defined by the Corporations Act 2001) of employees of Nicheliving.
14. Nicheliving accepts no responsibility for tax implications or consequences arising from redemption of the Offer. The Buyer is advised to seek independent financial and taxation advice prior to redeeming the Offer, alternatively accepting the e-Gift Card.
15. Nicheliving reserves the right to:
(a) require the Buyer to provide proof of settlement to Nicheliving’s reasonable satisfaction;
(b) refuse to allow the Buyer to take part in any or all aspects of the Offer if Nicheliving determines, in its absolute discretion, that the Buyer is not in the mental or physical condition necessary to be able to safely participate in the Offer;
(c) change these Terms and Conditions from time to time without prior notice;
(d) to cancel, terminate, modify or suspend the Offer and the provision of the e-Gift Card; and
(e) disqualify any Buyer from participating in the Offer where Nicheliving reasonably believes the Buyer has breached any of these Terms and Conditions, or engaged in any unlawful or other improper conduct with respect to the Offer.
16. The Buyer accepts that decisions by Nicheliving pursuant to clause 15 of the Terms and Conditions are final and binding on the Buyer and no correspondence will be entered into.
17. Except for any liability that cannot be excluded by law, Nicheliving (including its officers, employees, servants, consultants, contractors, advisers and agents) excludes all liability for any loss or damage (including loss of opportunity) of any kind whatever, whether direct, indirect, special or consequential, arising out of the Offer including but not limited to:
(a) any incorrect or incomplete information provided by the Buyer in connection with the Offer;
(b) any technical malfunction, failure or any other cause beyond the reasonable control of Nicheliving which affects the proper administration, security or proper conduct of the Offer;
(c) any theft, unauthorised access or third party interference;
(d) any financial or taxation liability incurred by the Buyer; and
(e) participation in the Offer by the Buyer and acceptance of the e-Gift Card.
19. The agreement created pursuant to these Terms and Conditions is subject to the laws of Western Australia, and the Buyer and Nicheliving submit to the non-exclusive jurisdiction of the courts of that state.
20. 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.^ Loyalty App Points are accumulated as an electronic gift card provided by Loyalty App and may only be used by redeeming the electronic gift card at participating merchants. See www.loyaltyapp.com.au