Terms & 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.

13. To be approved for the Nicheliving rent-to-own scheme, you must complete an application, qualify and be approved. The terms and conditions contained within the rental agreement and contract of sale will apply to the Nicheliving rent-to-own scheme. As each individual’s situation is different, advice relevant to circumstances should be sought before making any decision based on information on flyers. 

NICHELIVING'S HOUSE WITH NO BILLS PROMOTION 
TERMS & CONDITIONS 

1.                 

Who is running the competition?

Australian Property Alliance Pty Ltd t/as Nicheliving (ABN 41 102 889 896), 180 Newcastle Street, Perth WA 6000.

2.                 

When will the competition start?

The competition will start at 9.00am (WST) on 14/01/19.

3.                 

When will the competition end?

The competition will end at 5.00pm (WST) on 30/11/19.

4.                 

Who can enter?

Only Australian residents aged 18 or over who are interested in buying, building or transforming a property through Nicheliving, or its related entities.

5.                 

Who can’t enter?

Directors, officers and employees of Nicheliving or any of its related entities, and their immediate family members.

6.                 

Where will the competition run?

Nicheliving Property Shop at Westfield Carousel until further notice and thereafter at other nominated locations throughout the Perth metropolitan area as notified at the property shop or on our website, www.nicheliving.com.au

7.                 

Do you need to buy anything to enter?

No.

8.                 

Entry instructions

Enter by registering at the Nicheliving Property Shop, using one of the available iPads.  Entrants don’t need to keep anything to verify their entry.

9.                 

What can you win?

A one-off payment of $10,000 to be put towards payment of your water, electricity, gas, rates and mortgage repayments, if any.

10.              

Total prize pool

$10,000

11.              

How many times can a person enter?

Once.

12.              

How and when will the winner be informed?

The winner of the prize will be notified in writing within 3 business days after the prize is scheduled to be drawn at 12pm on 2 December 2019.  The winner’s name and state/territory of residence will be published on the Nicheliving website for a period of 28 days.

13.              

When must the winner claim the prize?

The winner must claim the prize by 5.00pm (WST) on 12/12/19.

14.              

What if the winner does not claim the prize on time?

If a prize has not been accepted or remains unclaimed by 5.00pm (WST) on 12/12/2019, the winning entry will be discarded and the Promoter will re-award the prize by carrying out another prize draw at 12pm (WST) on 13/12/19.
If a draw is held on 13/12/19, the winner of that draw will be notified in writing within 3 business days after the draw and their name and state/territory of residence will be published on the Nicheliving website for a period of 28 days after the draw.

 

1. These terms and conditions incorporate and must be read together with the details in the table above (the Promoter’s Terms and Conditions).  By entering, you accept the Promoter’s Terms and Conditions.

Entry

2. To enter, your entry must be received in the period between 9.00am (WST) on 14/01/19 and 5.00pm (WST) on 30/11/19.  Your entry is deemed to be received only when received by the Promoter’s database.

3. The Promoter is not liable for any problems with communications networks. You are responsible for your own costs associated with entering. If you enter using automatically generated entries or multiple aliases you may be disqualified.

4. The prize of $10,000 will be paid in Australian dollars.

General

5. If you are the winner of the prize, you must take part in all promotional and advertising activity reasonably required by the Promoter, and you consent to the Promoter using your name and image in any promotional or advertising activity.  You agree that you will not be compensated for your involvement in any of these activities.

6. If you are deemed by the Promoter to breach its Terms and Conditions, your entry (or at the Promoter’s absolute discretion, all of your entries if you have entered more than once) may be discarded.

7. At any time the Promoter may require you to produce documentation to establish to the Promoter’s absolute satisfaction the validity of your entry (including documentation establishing your identity, age, place of residence and place of employment).  Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

8. You must not:

(a) interfere or assist anyone else to interfere with the registration process;

(b)engage in any conduct that may jeopardise the fair and proper conduct of the competition;

(c)  do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this competition;

(d) breach any law; or

(e) behave in a way that is otherwise inappropriate.

9. The Promoter is not liable for entries, prize claims or correspondence that is misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.

10. The Promoter’s decision in connection with all aspects of the competition is final.

11. Prizes cannot be transferred or exchanged.

12. By entering, you request that your full address not be published.

13. If this competition cannot run as planned for any reason beyond the Promoter’s reasonable control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may in its absolute discretion end, vary, suspend or cancel the competition or disqualify affected entries/entrants, subject to any necessary approval by the state/territory gaming authorities.

14. The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial and taxation advice on those matters before deciding to claim a prize.

Liability

15. Nothing in the Promoter’s Terms and Conditions restricts, excludes or modifies any consumer rights you may have under any statute including the Competition and Consumer Act 2010 (Cth).

16. Subject to the previous paragraph, the Promoter and the agencies and companies associated with the competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death suffered in connection with this competition or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).

17.  Without limiting the previous paragraph, the Promoter and the agencies and companies associated with this competition are not liable for any loss of, damage to or delay in delivery of prizes. Prizes will only be delivered to addresses in Australia.  The amounts will be paid in Australian currency.

Collection and use of your personal information

18. The information you provide will be used by the Promoter for the purposes of conducting this competition.  The Promoter may collect your personal information (including through its contractors or agents) or disclose your personal information to its contractors and agents to assist in conducting this competition or communicating with you.  By entering this competition, you consent to the storage of your personal information on the Promoter’s database and the Promoter may use this information for future competition and marketing purposes regarding its products, including contacting you via electronic messaging.  The Promoter is bound by the Privacy Principles in the Privacy Act 1988. You can request access to the personal information the Promoter holds about you by contacting the Promoter at enquiries@nicheliving.com.au.  Also, the Promoter’s Privacy Policy, located at https://www.nicheliving.com.au/privacy, contains information about:

(a)  Accessing the personal information the Promoter holds about you and seeking corrections to that information, if necessary; and

(b) How you can complain about a privacy breach and how the Promoter deals with complaints.

BUY WAIKIKI, FLY WAIKIKI
TERMS & CONDITIONS 

1 .The Offer is promoted by Alliance Property Alliance Pty Ltd (ACN 102 889 896) trading as Nicheliving and its related bodies corporate (collectively, Nicheliving).

2 .Participation in the Offer is deemed acceptance of these Terms and Conditions.

3 .To be eligible for the Offer a person must:
(a) be an Australian resident;
(b) be over the age of 18 years; and
(c) have a valid passport.

4 .The Offer is available to qualified buyers in relation to select Nicheliving Waikiki house and land packages (collectively, Nicheliving Homes) who:
(a )complete a contract for sale for an approved Nicheliving Home by 5pm AWST on 31 July 2019; and
(b )reach settlement on that approved Nicheliving Home by 5pm AWST on 30 August 2019 or such later date as may be agreed in writing,
(Buyer).

5. The Offer is not available to employees and relatives (as defined by the Corporations Act 2001) of employees of Nicheliving. 
6 .There is a limit of one Offer per Buyer.

7. The Offer may not be redeemed in conjunction with any other offer. 

8 .The Offer commences at 8am AWST on 26 February 2019 and closes at 5pm AWST on 31 July 2019.

9. The Offer is redeemable upon the settlement of the Buyer’s Nicheliving Home by 5pm AWST on 30 August 2019 or such later date as may be agreed in writing. 

10. To redeem the Offer the Buyer must provide Nicheliving with, and Nicheliving must accept, proof of settlement on his or her approved Nicheliving Home in writing within 2 weeks of that settlement, otherwise the Buyer will be deemed to have forfeited the Offer.  Nicheliving will use all reasonable endeavours to contact the Buyer within 5 business days of receiving proof of settlement from the Buyer. 

11. The Buyer must accept the Offer within 2 weeks of receiving confirmation from Nicheliving that he or she has redeemed the Offer, otherwise the Buyer will be deemed to have forfeited the Offer. 

12. Subject to the absolute discretion of Nicheliving the Offer is for 2 people only and includes:
(a) travel to and from Honolulu, Hawaii from Perth, Western Australia in economy class on Qantas Airways, or a similar airline (Airline);
(b) accommodation in Waikiki Resort Hotel for a total of 7 nights;
(c) $2,000 spending money
and is valued at up to $7,000 including GST (Trip).
13 .The Trip cannot be transferred, exchanged or refunded and cannot be redeemed for cash.
14. At the end of the Trip the Buyer may elect, at his or her own cost, to forfeit the return flight to Perth, Western Australia if he or she wishes to stay in Honolulu, Hawaii for longer than the duration of the Trip.  The Buyer will be responsible for all costs associated with this additional travel.  Other than this, the components of the Trip must be taken together and cannot be separated, otherwise the Buyer will be deemed to have forfeited the Trip.  

15 .The Buyer must notify Nicheliving of his or her full name and passport details and the full name and passport details of his or her nominated travel companion (Companion), if any, at the time of accepting the Offer.  Once these details have been provided to Nicheliving they cannot be changed.

16. If the Buyer does not nominate a Companion, then he or she will incur a supplement surcharge up to $900. 
17. Both the Buyer and the Companion (if any) must have a valid passport.
18 .Upon accepting the Trip the Buyer and the Companion (if any) agree to be subject to the terms and conditions and general terms of carriage of:
(a) the travel agent who has supplied the Trip (Travel Agent);
(b) the Airline;
(c) the Hotels; and
(d) the Tour Companies.
19) It is the responsibility of the Buyer and the Companion (if any) to obtain a copy of those terms and conditions and general terms of carriage and any other documentation, as required by the Travel Agent, Airline, Hotel and Tour Company.

20. The Trip must take place between March 2017 and November 2017, or between such dates as may be agreed in writing, but may be subject to change at Nicheliving’s discretion.  The Trip is subject to availability and to the absolute discretion of:
(a) Nicheliving;
(b) the Travel Agent;
(c) the Airline;
(d )the Hotels; and
(e) the Tour Companies.

21. Unless expressly stated otherwise, all other expenses are the responsibility of the Buyer.  For the avoidance of doubt, the Buyer is responsible for all travel costs to and from the point of departure, spending money, travel insurance, excess baggage, passports, visas, travel and government taxes, meals and beverages unless specified above, service charges, transfers and ancillary costs, the costs of obtaining any of these and any other expenses, unless otherwise stated above as being included in the Trip.

22 .The value of the Trip is based upon the recommended retail price of the Trip as at 7 January 2016.  Nicheliving accepts no responsibility whatever for any change in the value of the Trip.

23 .Nicheliving reserves the right to refuse to allow the Buyer to take part in any or all aspects of the Trip, 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 Trip.

24 .In the event of war, terrorism, state of emergency, disaster or any other act of God or any other circumstance beyond the control of Nicheliving, Nicheliving reserves the right to provide an alternative trip up to the same value of the Trip or, subject to any applicable laws, to cancel, terminate, modify or suspend the Offer and the Trip. 

25. Nicheliving’s decision is final and binding and no correspondence will be entered into.

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

27 .The Buyer is advised that tax implications may arise from their acceptance of the Trip and so the Buyer agrees to seek independent financial and taxation advice prior to accepting the Trip. 

28 .It is a condition of accepting the Trip that the Buyer and the Companion (if any) may be required to sign a legal release in a form determined by Nicheliving in its absolute discretion.

29 .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 personal injury or any loss or damage (including loss of opportunity) of any kind whatever, whether direct, indirect, special or consequential, arising out of the Trip, including but not limited to:

(a) any incorrect or incomplete information provided by the Buyer in connection with the Offer and Trip;
(b) any technical malfunction, failure or any other cause beyond the reasonable control of Nicheliving which affects the administration, security or proper conduct of the Offer;
(c )any theft, unauthorised access or third party interference;
(d) any variation in the value of the Trip;
(e) any financial or taxation liability incurred by the Buyer; and
(f) participation in the Trip by the Buyer and the Companion (if any).
30. Nicheliving collects personal information about buyers, including the Buyer, to enable buyers to participate in this Offer (which may include disclosure to third parties for the purpose of processing and conducting the Offer and the Trip) and for the purposes of administering and expanding Nicheliving’s business activities, providing customer service and making available other products and services to buyers and prospective buyers in accordance with its Privacy Policy, but no further use of this information will be made without the Buyer’s prior consent. 

31. Nicheliving reserves the right in its sole discretion to disqualify any Buyer who Nicheliving reasonably believes has breached any of these Terms and Conditions, or engaged in any unlawful or other improper misconduct, from the Offer and/or the Trip.

32. A Buyer may at any time request that he or she be withdrawn from the Trip.  Upon receipt of such request Nicheliving will use all reasonable efforts to withdraw the Buyer from the Trip.  The Buyer will be deemed to have forfeited the Trip in that case.

33 .The agreement created under 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.

34. 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.


EOFY CLEARANCE SALE
TERMS & CONDITIONS 

1. For approved applicants only. First homeowners can apply.

2. Offer only available on selected properties approved by Nicheliving. Offer may not be used in conjunction with any other offer. Offer may be withdrawn at any time

3. Before proceeding, seek independent advice on your personal objectives, financial circumstances & needs.

4. Images/plans shown are the artist’s impressions only & may not be indicative of our offer.

5. Nicheliving won’t be beaten on a comparable property in same suburb location.


SUPPLIERS AND SUB-CONTRACTORS
TERMS & CONDITIONS 

1. The Supplier agrees that this order received is deemed to be at the correct rates unless notifying the appropriate personnel within 72 hours of order received.

2. Agreed Orders are to be invoiced exactly as per the agreed order, failure will result in rejected invoice.

3. The Supplier on acceptance of this order will undertake the works as described on this order and the terms and conditions which are available for viewing on request.

4. The Supplier will not charge the Builder any additional costs other than the amount stated on the order.

5. The Supplier must procure and maintain at its own expense: workers compensation insurance, employer’s liability insurance, public liability insurance. A copy of these certificates must be received by this office before any payments are made.

6. The Supplier must provide, before commencement of work on site, all required documentation in relation to Occupational, Safety and Health requirements.

7. The Supplier must clean up after their work and dispose of rubbish appropriately: failure to do so will result in a reduction of payment to enable the Builder to employ another contractor to carry out this work.

8. If the Builder believes that the Supplier will not complete works within a reasonable amount of time, the Builder will have the right at his sole discretion to cancel this order and recover any remedial cost to complete the works.





COMPLETE SURVEY FOR YOUR CHANCE TO WIN THE ULTIMATE FOOTY EXPERIENCE 

TERMS & CONDITIONS 

1. The promoter of the “win the ultimate footy experience” ("the Competition") is Australian Property Alliance Pty Ltd (ACN 102 889 896) ("the Promoter").

2. The promotion begins on 13TH August 2019 and ends 24th August 2019 at 11.59pm (AWST) ("the Competition Period").

3. An Entrant must not submit more than one entry.

4. An Entrant must be over 18 years of age.

5. The Promoter reserves the right to either allow or disallow any Entrant for any reason it sees fit in its absolute discretion.

6. The Promoter accepts no responsibility for late, lost or misdirected entries.

7. Entry to the Competition is not open to:
  • employees of Nicheliving;
  • any adult child, parent, grandparent, grandchild, sibling or spouse of an employee of Nicheliving;
  • any promotional agents (including their spouses) of Nicheliving.
 

8. Up to one Entrant ("Winner") may be awarded the prize ("Prize") as follows: A double pass to an exclusive suite at the West Coast Eagles or Fremantle match, catering included at Perth Stadium (date to be confirmed be Nicheliving) The Winner shall be chosen by the Promoter from the entries at random.

9. The draw will take place at the stand at Nicheliving Office at 180 Newcastle St, Perth, Western Australia on Wednesday 28th August 2019 at 4.00pm (AWST). The Winner will be notified by phone or email and their details posted on www.nicheliving.com.au and www.facebook.com/nicheliving.

10. When the Winner is notified of their Prize, the Winner will also be provided with details as to the collection of their Prize.

11. When the Prize is collected by the Winner, identification, which includes a photograph, will be required.  The collection of the Prize is the sole responsibility of the Winner. The Prize will only be awarded following Winner validation and verification.

12. The Promoter's decision is final and no correspondence will be entered into.

13. In the event that the Winner fails to satisfy any of the terms and conditions of the Competition, that Winner shall not be entitled to the Prize and the Promoter may in its discretion disqualify the Winner and award the Prize to another Entrant in accordance with the terms and conditions or choose not to award the Prize. The Winner is disqualified from the Competition and forgoes the Prize if the Winner’s entry is misleading or if the Winner does not adhere to the terms and conditions.

14. A Prize must be taken as stated and is non-transferable and non-exchangeable. If the specified prize becomes unavailable for any reason, the Promoter may substitute a prize of like or equal value. Any tax payable as a result of a prize being awarded or received will be the Winner's responsibility.

15. The Promoter reserves the right to add to or waive any of these terms and conditions.

16. The Promoter takes no responsibility for the loss of prizes due to incorrect or imprecise delivery details provided by a Winner. The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any of the goods or services offered as Prizes. To the extent permitted by law, the Promoter is not liable for any loss including, but not limited to, personal injury, loss or damage suffered or sustained to personal property including, but not limited to, consequential (including economic) loss for any reason including, but not limited to, by reason of any act or omission deliberate or negligent by the Promoter or its servants or agents in connection with the Competition or the Prize.

17. The Promoter and its related entities, employees, contractors, servants or agents shall not be liable for and accept no responsibility for any accident, loss, injury or damage to any individual or property arising out of or in conjunction with the Competition or the Prize either during or after the Competition except for any liability which cannot be excluded by law.

18. The Promoter is not responsible for lost, interrupted communications or unavailable network server or other connections, failed telephone, mid-delivery or computer transmissions or other errors of any kind, whether human, mechanical or electronic.

19. The Promoter assumes no responsibility for any error, defect, delay, theft or unauthorised access to or alteration of entries. Subject to any written directions given under the applicable law, if for any reason the Competition is not capable of operating as planned, including infection by computer viruses, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness or proper conduct of the Competition, then the Promoter reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Competition insofar as is permitted by law.  The Promoter reserves the right, in its sole discretion, to disqualify any Entrant for:
  • tampering with the entry process, including exceeding any limitation on the numbers of entries, or any other process as determined by the Promoter that in any way affects the fairness of the promotion;
  • acting in violation of the terms and conditions; or
  • acting in an unsportsmanlike or disruptive manner.


20. Participation in the Competition constitutes the Entrant's unconditional agreement to and acceptance of the terms and conditions. The Entrant is responsible for ensuring his or her familiarity with the terms and conditions. The Promoter's decision not to enforce a specific term or condition does not constitute a waiver of that term or condition or of the terms and conditions generally.

21. All entries remain the property of the Promoter and may be entered into a database for future marketing or promotional activities.

22. The Entrant, in the event that they are a Winner, consents to the publishing of their name and suburb of residence on the internet website www.nicheliving.com.au.  Acceptance of a Prize by the Winner constitutes permission for the Promoter to use the Winner's name and suburb of residence, and recording of the Winner's voice and likeness for advertising and promotional purposes without compensation, unless otherwise prohibited by law. The Promoter will not use Entrant's personal information for any purpose other than that stated in these terms and conditions without their consent unless required or authorised to do so by law. An Entrant must notify the Promoter in writing if they would like to amend their personal information or if they have any queries as to how their personal information will be used.

23. The Competition is subject to the Promoter's Privacy Policy.

24. The Competition is subject to the Promoter's Disclaimer as detailed on the promoter’s website Nicheliving.com.au

25. The Competition is only open to residents of Western Australia who complete the Nicheliving Aftercare Survey.