First Place by Lendlease Terms & Conditions

Victoria Harbour and Melbourne Quarter

First Place: First Home Buyer Incentive – Terms & Conditions

 

  1. The promoter is a Lendlease group entity described in paragraph 20 of Level 14, Tower 3, International Towers Sydney, Exchange Place, 300 Barangaroo Avenue, Barangaroo NSW 2000 (the Promoter). Contact telephone number of the Promoter is 03 9643 0000.

  2. Only persons aged 18 years of age or older who qualify for a first home owner grant and/or first-home buyer duty exemption or concession in the State of Victoria (each a Participant) are eligible for the incentive described in these terms and conditions (the Incentive).

  3. The terms and conditions of the Incentive are governed by the laws of the State of Victoria, Australia, and the Promoter and each Participant irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Victoria.

  4. The following person(s) are ineligible to obtain the Incentive:

a. employees of:

i. the Promoter; and

ii. the Promoter’s related bodies corporate (as that expression is defined in the Corporations Act 2001 (Cth)) and associated agencies, companies and contractors; or

b. members of the Immediate Family (as defined below) of the employees referred to in paragraph 4.a.

Immediate family means any of: a spouse or domestic partner, ex- spouse or ex-domestic partner, de-facto spouse or ex-de-facto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or first cousin.

  1. The entitlement to the Incentive commences at 9am on 1 March 2018 and closes at 5 pm on 30 September 2018 (Melbourne time) (the Incentive Period). The Promoter may extend the Incentive Period at its sole discretion (the Extended Incentive Period). If extended, details of any Extended Incentive Period will be posted on www.firstplace.com.au.

  2. References in these terms and conditions to the Incentive Period include any Extended Incentive Period, where applicable.

  3. Subject to the Participant’s strict compliance with these terms and conditions, the Promoter will:

“contribute 5% of the purchase price of an apartment purchased by a Participant during the Incentive Period as a deposit”

This means that:

a. each Participant will only be required to pay 5% of the purchase price of an apartment as a deposit at signing of the sale contract, and

b. the Promoter will contribute the other 5% of the purchase price as a deposit at settlement resulting in an adjustment (reduction) of the balance of the purchase price payable by the Participant at settlement, in each case in accordance with the terms and condition of the contract for sale of the apartment.

  1. The Incentive is available to in respect of all Lendlease apartments made available for sale at
    Melbourne Quarter’s East Tower, 628 Flinders Street and Victoria Harbour.

  2. For the Participant to be eligible to receive the Incentive, the following is required:

a. each Participant to provide evidence, prior signing of the sale contract, that the Participant is eligible for a first home owner grant and/or first-home buyer duty exemption or concession in the State of Victoria;

b. the Participant must, within the Incentive Period, deliver a signed contract of sale for an apartment in the Promoter’s standard form, which includes the terms of the Incentive, and otherwise on terms and conditions acceptable to the Promoter in its absolute discretion;

c. the Promoter, in its absolute discretion, must accept the Participant’s offer to purchase the apartment and must sign and return to the Participant the contract in paragraph 9.b (a Contract); and

d. the Participant must effect settlement of the Contract in accordance with its terms by the settlement date prescribed in the Contract.

e. each Participant will need to pass the usual finance health check conducted by the Promoter and/or their affiliate, and satisfy any other due diligence requirements of the Promoter, in each case, prior to the Promoter entering into the Contract with the Participant.

  1. Each Participant is responsible for ensuring that they qualify for a first home owner grant and/or first-home buyer duty exemption or concession, and the fact of Promoter requesting information from the Participant confirming eligibility, and/or the Promoter signing the Contract does not relieve the Participant of that responsibility. By signing a Contract, each Participant warrants to the Promoter, both at signing and at settlement, that the Participant is eligible for the relevant first home owner grant and/or first-home buyer duty exemption or concession.

  2. The Promoter reserves the right to withdraw the Incentive relating to any apartment during the Incentive Period, provided that a contract signed by the Promoter has not been returned to the Participant (as contemplated at paragraph 9.c).

  3. The Incentive is personal to the Participant and the Participant may not transfer or otherwise deal with its right to receive the Incentive to any other person.

  4. The Promoter will not be obliged to pay the Incentive to the Participant if the Participant does not strictly satisfy the terms and conditions of the Contract. For example, the Participant will not be entitled to receive the Incentive where settlement of the Contract does not occur by the date prescribed in the Contract due to the default of the Participant.

  5. This Incentive cannot be used in conjunction with any other incentive or promotion (including any rebate or discount) being offered by the Promoter or the Promoter’s related bodies corporate (as that expression is defined in the Corporations Act 2001 (Cth)) in respect of the Victoria Harbour or Melbourne Quarter developments (other than a “try before you buy” promotion offered by the Promoter).

  6. By signing the Contract, the Participant confirms that it is deemed to have accepted these terms and conditions.

  7. Failure by the Promoter to enforce any of its rights under these terms and conditions or a Contract does not constitute a waiver of those rights.

  8. There is a limit of one Incentive per apartment purchased by a Participant during the Incentive Period.

  9. Nothing in these terms and conditions is intended to exclude, restrict or modify rights which the Participant may have under any law (including the Australian Consumer Law) which may not be excluded, restricted or modified by agreement (‘Your Consumer Rights’). Subject to Your Consumer Rights, the Promoter is not liable for any loss or damage however caused (including by negligence), suffered or incurred in connection with the Incentive. Any condition or warranty which would be implied by law into these terms and conditions is excluded.

  10. The Promoter is not liable for any loss or damage in connection with any failure to provide the Incentive or to provide the Incentive in accordance with these terms and conditions where such failure is due to:

a. the act or omission of a third party; or

b. some other cause beyond the Promoter’s control, provided that the Promoter took reasonable precautions and exercised due diligence to avoid the failure.

  1. Lendlease Development Pty Limited ACN 000 311 277 is the Promoter of the Incentive in respect of the apartments made available for sale at Victoria Harbour. Lendlease (Melbourne Quarter R1) Pty Limited ACN 609 191 817 is the Promoter of the Incentive in respect of the apartments made available for sale at Melbourne Quarter’s East Tower, 628 Flinders Street.

 

Privacy Collection Statement

Lendlease Development Pty Limited ACN 000 311 277 and other companies in Lendlease’s development, apartments and communities’ businesses collect, hold and handle personal information about the individuals who are interested in our products or services or with whom we have dealings. We take steps to ensure that we only collect personal information which is relevant to our dealings with the particular individuals and which is reasonably necessary for our business activities.

We may collect personal information from individuals through our marketing, sales, business development, operational, human resources, research or other activities and we may disclose personal information to external agents, service providers or consultants to assist in the provision of our products and services.

We have a general policy to collect personal information directly from you, unless is it unreasonable or impracticable to do so. However, in some cases, personal information may be collected from third parties such as real estate agents, government bodies and other Lendlease Group entities.

You may refuse to provide us with your personal information, however, if you do we may be unable to assist or provide you with our products or services or information about them.

We may disclose your personal information to other Lendlease Group entities and our third-party service providers and consultants, or other entities that assist us in running campaigns or our business more generally. These entities may be located in other countries such as Australia, the United Kingdom and other countries. Where we transfer your personal information outside of your country, we take steps to ensure that your information is treated securely. You agree that the obligations imposed by privacy laws in other countries may be less stringent than the requirements established by the privacy laws in your country.  Further information on how we may collect, store, use and disclose your personal information can be found in our Privacy Policy.

Our Privacy Policy can be found on our website, http://www.lendlease.com/privacy/ or by requesting a hard copy from us. Our Privacy Policy contains information about how you may obtain access to and seek correction of personal information that we hold about you, how to make a complaint about an alleged breach of the Australian Privacy Principles, and how your complaint will be dealt with.  Alternatively, for further information please contact our Privacy Officer on (02) 9236 6111, or to request a copy of our Privacy Policy please mail Group General Counsel, Lendlease, Level 14, Tower Three, International Towers Sydney, Exchange Place, 300 Barangaroo Avenue, Barangaroo NSW 2000.

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