“Building Contract” means a building contract entered into between Home Group and the Referred Customer for the construction of a dwelling by Home Group;
“Reward” means the commission payable to the Member as determined by Home Group in its sole discretion;
“Home Group” means Home Group WA Pty Ltd or any other entity associated with Home Group WA Pty Ltd;
“Referred Lead” means a customer referred to Home Group by the Member pursuant to the Referral Program;
“Sales Consultant” means a sales consultant directly employed by Home Group; and
“Home Group Representative” means a representative from the qualifying department directly employed by Home Group;
“Lead Number” means the number allocated to a Referred Customer that is entered into the Home Group system as a potential client.
“Presite Milestones” means the following milestones:
the Referred Lead has signed a Building Contract with Home Group; and
the Referred Lead has obtained written confirmation of unconditional finance approval to proceed with the Building Contract; and
the Referred Lead is the registered proprietor of the land described in the Building Contract.
Members are bound by these Terms and Conditions by participating in the Rewards Club. By participating in the Rewards Club, the Member agrees to use the Rewards Club in the manner specified in these Terms and Conditions. If the Member does not agree to these Terms and Conditions in their entirety it is not authorised to register as a Member or participate in the Rewards Program in any manner
Privacy
To participate in the Rewards Program, it will be necessary for the Member to submit personal information to Home Group, such as names, telephone and email details to enable the Sales Consultant or Home Group Representative to contact the Referred Lead in relation to the Rewards Club and, if applicable, provide the Member with the Reward.
Home Group will collect and handle all personal information in accordance with its privacy policy.
The Member must only provide personal information to Home Group about the Referred Lead where the Referred Lead has consented to the provision of personal information to Home Group for the purpose of contacting them in connection with the Rewards Club and the Building Contract, and not for any other purposes. Once Home Group have made contact with the Referred Lead it may send them additional or follow up communications in relation to the Building Contract as it determines necessary.
If the Referred Lead does not execute a Building Contract with Home Group, Home Group will only hold personal information about the Referred Lead for so long as necessary for the administration of the Referral Lead.
Rewards Club
To participate in the Rewards Club, the Member must:
visit the online Members Area;
register as a Member by providing the required contact details in the Members Area; and
follow the on-screen instructions in the Members Area to complete and provide the Referred Lead’s name and contact details to Home Group.
Once Home Group has received the Referred Lead’s details, a Sales Consultant or Home Group Representative will contact the Referred Lead to discuss its services with the Referred Lead for the purposes of the Referred Lead entering into a Building Contract.
Each Member can check the status of the Referred Lead by accessing the Members Area.
If the Referred Lead executes a Building Contract with Home Group, and the Member and Referred Lead meet the criteria set out in clauses 14 to 16 of these Terms and Conditions, Home Group will pay a Reward to the Member.
Home Group reserves the right to decline any application by an Member to the Rewards Club in its sole discretion without condition or explanation.
Eligibility
To be eligible to participate in the Rewards Club, the Member must:
be a resident of Australia;
be aged 18 years or over;
not to be a partner, spouse, or family member of a Sales Consultant engaged by Home Group;
have obtained the Referred Lead’s consent to providing their details, including personal information, to Home Group, in connection with the Rewards Program. The Member must not provide the contact details of any party who does not consent; and
be a registered Member at the time the Referred Lead has entered the Home Group client system and has been issued with a registered Lead Number.
In addition, the Referred Lead must satisfy each of the following criteria:
be a resident of Australia;
aged 18 years or over;
not seek to terminate the Building Contract within 30 days of execution.
A staff member of Home Group cannot refer another staff member of Home Group or any of it’s affiliated entities.
Members must respect the spirit of the Rewards Club by only referring real individuals who meet the requirements of these Terms and Conditions. Members cannot refer themselves.
The member can only be paid the Reward ‘once’ on the Referred Lead despite if the Referred Lead builds in the same entity and/or other, as long as either of the Referred Lead is the same and/or part of the original entity in any way shape or form and regardless of how many times or how many homes the Referred Lead builds with Home Group. Payment of the Reward is not based on number of homes.
Reward
A Reward will be payable to a Member when the Referred Lead has progressed through the Home Group system and has achieved all the Presite Milestones.
The value of the Reward is to be determined by Home Group by having regard to the Member who directly provided the details of the Referred Lead to Home Group.
If the Member meets the eligibility criteria set out in these Terms and Conditions and the Reward is payable, then Home Group will provide the Member with the Reward by electronic funds transfer to the financial institution nominated by the Member.
Home Group will endeavour to provide the Reward to the Affiliate within 30 days from the date the Reward becomes payable to the Member.
The payment of the Reward is subject to verification by Home Group. Home Group reserves the right to refuse to verify and pay the Reward to the Member if it decides, in its sole discretion, that the referral is fraudulent, suspicious, in violation of these Terms and Conditions or otherwise an abuse of the Rewards Program, or will impose a potential liability on Home Group.
Home Group’s decision is final and binding, and no correspondence will be entered into.
If Home Group withdraws the Rewards Program for any reason, or upon cancellation of registration as an Member, the Member will forfeit any unpaid Rewards and will have no further claim or right to any further payment for unpaid Rewards.
The Member is solely liable for all taxes arising out of any Rewards received from Home Group, including any goods and services tax which may be payable as a result of the Reward being payable.
The Member acknowledges that should any goods and services tax be applicable, the Reward paid by Home Group to the Member is inclusive of the goods and services tax.
Legal
Home Group reserves the right to amend, suspend or withdraw the Rewards Club at any time for any reason.
These Terms and Conditions may be amended by Home Group at any time, in its sole discretion without notice.
Home Group authorises the Member, subject to these Terms and Conditions, to access and use the Members Area solely for the Member’s personal and non-commercial use. This licence is revocable at any time without notice and with or without cause. Unauthorised use of any intellectual property owned by Home Group including the Members Area or any content contained therein, may violate copyright, trademark, and applicable communication regulations and statutes and is strictly prohibited.
In participating in the Rewards Club, the Member agrees to release and hold harmless Home Group and its respective members, employees, officers and subsidiaries from any claim, demand, damage, loss, liabilities, costs or expenses (including legal costs) caused by, arising out of, or in connection with, or related to their breach of any applicable law or regulation and/or participation in the Rewards Club. This provision shall survive termination of the relationship between Home Group and the Member.
Under no circumstance will Members be entitled to any claim for any losses or damages, and Members hereby waive all rights to claim punitive, incidental, consequential and any other damages.
Members agree not to use the Rewards Club to:
violate applicable law;
infringe the intellectual property rights of Home Group or any third parties;
stalk, harass, or harm another individual or use the Rewards Club in any way that may be offensive to another individual or entity;
collect or store personal data about other Members or Referred Leads, other than as set forth in these Terms and Conditions;
impersonate any person or otherwise misrepresent a Referred Lead’s identity;
interfere with, disrupt or violate the Members Area or servers or networks connected to the Rewards Club; or disobey any requirements, procedures, policies, or regulations of such networks;
interfere with another Member’s use of the Rewards Club;
attempt to gain unauthorised access to the Rewards Club including the Members Area, or to other accounts, computer systems or networks connected with the Rewards Club; or
conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others.
Home Group may prohibit the Member from participating in the Rewards Club or receiving Rewards if, in its sole discretion, it determines that such Member is attempting to undermine the integrity or legitimate operation of the Rewards Club in any way by cheating, hacking, deception or any other unfair practices intended to annoy, abuse, threaten, harass any Referred Leads or other third party.
The Member releases and indemnifies Home Group and its officers, employees, and agents from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with the Member and whether at common law, under tort (including negligence), in equity, pursuant to statute or otherwise arising out of:
a breach of any of the Member’s warranties or obligations contained in these Terms and Conditions; or
any negligent act or omission or wilful misconduct of the Member and from and against all damages, reasonable costs and expenses incurred in defending, satisfying or settling any such claim, proceeding or demand.
Home Group does not recommend or guarantee the performance or success of the Rewards Club.
If any part of these Terms and Conditions is found to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law. Home Group’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver thereof.
This Rewards Club is governed by the laws of Western Australia.
