Terms and conditions under Sekisui House Rewards

1 Introduction

Sekisui House’s Rewards Program (Sekisui House Rewards), offers benefits for past and new customers including:

If you have any questions about these terms and conditions, please email us at rewards@sekisuihouse.com.au.

2 Membership and Eligibility

2.1 Who can be a Member of Sekisui House Rewards?
Any individual named as purchaser under an Eligible Contract, whether purchasing solely or jointly, is eligible to become a Sekisui House Rewards Member.

2.2 Becoming a Member
Purchasers are not automatically entered as Sekisui House Rewards Members. To become a Sekisui House Rewards Member, customers must opt-in by registering for an online User Account with the Website in order to apply for a benefit. If a customer does not register online, that customer cannot become a Sekisui House Rewards Member. Membership eligibility will be assessed, validated and confirmed by Sekisui House before benefits can be earned.

There are no fees associated with becoming or remaining a Member.

2.3 Participating Developments
a) Only 100% Sekisui House developed projects are included under Sekisui House Rewards. See Appendix 1 to view the list of Participating Developments, which may change over time.
b) House and Land or Build Contracts with Sekisui House not listed in Appendix 1 (for example, on a customer’s own land) may, at the sole discretion of Sekisui House, also be considered as Participating Developments.

2.4 The following are excluded under Sekisui House Rewards:

a) Agents (and any member of an Agent’s family) or any third party who would receive remuneration for a customer’s sale;
b) Joint Venture Developments (listed in Appendix 2, which may change from time to time)
c) Commercial transactions where multiple lots/units are purchased for the intention of on-selling for profit.

2.5 What is an Eligible Contract?
a) When a purchaser buys a residential property with Sekisui House in a Participating Development, the sale contract entered into is an Eligible Contract, as defined in clause 12, below.
b) When a purchaser enters into a contract to build a residential property with Sekisui House the Build Contract is also an Eligible Contract (refer to section 3.6 - House and Land: two contracts at one address).

2.6 Acceptance of terms and conditions
By claiming or accepting any Benefit under Sekisui House Rewards, Members are deemed to have accepted these Terms and Conditions.

3 Repeat Purchase Rewards

3.1 Overview
Sekisui House Rewards Members are entitled to receive a Repeat Purchase Reward on their second and subsequent Eligible Contracts.

3.2 Repeat Purchase Reward amount
a) 1.0% of the Contract Price on the 2nd Eligible Contract
b) 1.5% of the Contract Price on the 3rd and subsequent Eligible Contracts
 
3.3 Application process
a) The online repeat reward form must be submitted prior to contract exchange. Repeat reward claims cannot be made after contract exchange.
b) To ensure the correct discount is applied, the Member must ensure the property details of their previous Eligible Contracts are provided prior to submitting the application. (Refer to clause 8).
 
3.4 No limits
There is no maximum limit to the reward amount or how many times a customer can apply for, or receive a Repeat Purchase Reward.
 
3.5 Multiple purchasers
Where there are multiple purchasers named on an Eligible Contract, and more than one of those purchasers are a Rewards member, the Repeat Purchase Reward will be the highest amount that any one Rewards Member is entitled to receive under the Eligible Contract.
 
3.6 House and Land: two contracts at one address
Where a residential property is purchased under two separate contracts with Sekisui House (one for the land and the other for the house on which it is built), this is considered as one Eligible Contract within Sekisui House Rewards.

For example:
a) If a customer purchases land as a first purchase with Sekisui House, then builds a house on that same address, the customer cannot claim a Repeat Purchase Reward for the Build Contract. Both contracts will be treated as the first purchase by that customer.
b) Any House and Land purchase made at the one address as a second or subsequent purchase will be treated as one Eligible Contract with the same Repeat Reward percentage applied to both contracts.
terms-2-contracts-1-address-diagram.jpg3.7 Payment of Repeat Purchase Reward
The Repeat Purchase Reward will be paid as a rebate within 20 business days after settlement of the Eligible Contract.

4 Referral Rewards

4.1 Overview
The Referral Reward is a $1,000 Visa gift card to each the Referrer and Referred Purchaser upon settlement of an Eligible Contract. The total value of the Referral Reward given by Sekisui House for each Eligible Contract is $2,000.

4.2 Pre-conditions for receiving Referral Rewards:
a) The Sekisui House Rewards Member (Referrer) must:
i. Have satisfied all the conditions in their first Eligible Contract;
ii. Complete the online referral form before the Eligible Contract is signed by the Referred Purchaser;
iii. Not otherwise be excluded under clause 2.4
 
b)The Referred Purchaser must:
i. Be an individual person;
ii. Enter into an Eligible Contract
iii. Satisfy all the conditions in the Eligible Contract;
iv. Not have previously purchased a property in a Participating Development, or be an existing Sekisui House Rewards Member;
v. Before entering into an Eligible Contract, notify Sekisui House that the Referrer was their referrer via the Referral Link;
vi. Not otherwise be excluded under clause 2.4
 
4.3 Multiple purchasers
Where there are multiple purchasers named on an Eligible Contract
a) A Referrer can only refer one purchaser on an Eligible Contract;
b) All purchasers under the Eligible Contract must satisfy clause 4.2(b)
c) Only one Referrer and one Referred Purchaser reward is payable on each Eligible Contract.
 
4.4 Multiple Referrals
There is no limit to the amount of Referral Rewards that a Referrer can earn for referring new purchasers to Sekisui House.
 
However, Referral Rewards can only be earned on a Referred Purchaser’s first Eligible Contract, and not on any subsequent purchases that the Referred Purchaser makes.
 
4.5 Payment
Referral Reward Visa gift cards will be mailed to the recipients’ nominated mailing address within 30 Business Days of the Referred Purchaser’s settlement of their Eligible Contract.

5 Contracts that do not complete

If an Eligible Contract does not complete at Settlement, for any reason, or if the purchaser breaches or defaults, the contract will no longer be an Eligible Contract and Rewards can not apply.

6 Priority Notification

a) Members of Sekisui House Rewards will receive Priority Notification emails or direct mail of upcoming projects or new releases by Sekisui House before the projects are released to the public. Each offer will have specific terms and conditions related to that project.
b) Rewards Members acknowledge that Sekisui House customers and residents may receive the same Priority Notifications as Members.
c) Members can unsubscribe from the notifications at any time without impacting on their membership status.

7 Participant obligations

Participants to the Sekisui House Rewards program must not:
a) Act in any way that breaches or is not in strict accordance with these terms and conditions;
b) Abuse or misuse the Sekisui House Rewards program;
c) Engage in illegal or fraudulent activities including supply of false or misleading information to Sekisui House;
d) Sell, assign, transfer or offer to sell, assign, transfer any Benefits.

8 Privacy

a) Sekisui House Australia Holdings Pty Limited agrees to use any Personal Information collected in accordance with the company’s Privacy Policy.
b) Sekisui House Rewards Members agree to provide Sekisui House with up to date Personal Information when making a Reward application. If the required Personal Information is not up to date, the Sekisui House Rewards Member acknowledges that they may not be entitled to receive the full benefits under the Rewards Program.
c) By taking part in Sekisui House Rewards, the Referred Purchaser acknowledges that Sekisui House may at its sole discretion, share the Referred Purchaser’s name, and status of their purchase progress in the Referrer’s User Account to inform them about the status of the earned Referral Reward. Sekisui House will not share the property address or specific settlement dates. If the referred Purchaser does not want the Referrer to receive the Purchaser’s information, the Purchaser should not finalise the Referral Reward application.

9 Anti-Spam

Referrers should not share or publish Referral Links where there is no reasonable basis for believing that recipients are genuinely interested in purchasing a Sekisui House property. The Referrer shall indemnify Sekisui House, its directors, officers, employees, agents and successors harmless, from and against any claims that may arise from any unlawful forwarding or sharing of the Referral Link.

10 Cancellation

Sekisui House Rewards Members can cancel their membership at any time by sending an email request to rewards@sekisuihouse.com.au.

11 General conditions

11.1 Commencement
a) Sekisui House Rewards commenced on 10 December 2018. All Eligible Contracts entered into on or after that date may entitle a purchaser under the Eligible Contract to obtain a Reward.
b) Eligible Contracts entered into before 10 December 2018 will be used for determining the purchaser’s entitlement to be a Sekisui House Rewards Member and for determining the Repeat Purchase Reward level for any Eligible Contracts entered into after 10 December 2018.

11.2 Sekisui House Rewards Membership
Sekisui House reserves the right (in its absolute discretion) to:
i. Refuse to accept any person becoming a Sekisui House Rewards Member;
ii. Exclude or withdraw a Member from the program;
iii. Refuse to honour any Benefit accumulated by a Member;
iv. Reverse any Benefit accumulated or awarded by a Member;
v. Suspend or terminate a Member’s participation in the program.

11.3 Sekisui House’s discretion
a) Sekisui House reserves the right (in its discretion) at any time to:
i. Cancel, substitute or vary any of the terms and conditions of Sekisui House Rewards (in whole or in part)
ii. Exclude, substitute, vary or withdraw any Participating Development

b) Sekisui House will use its best endeavours to give Members notice of any cancellation, substitution or variation of Sekisui House Rewards by email or posted mail and provide notice on the Sekisui House website. Members are deemed to have received a notice once a Member has been sent an email or posted mail, and Sekisui House has posted a notification on the Website.
c) Benefits accumulated by Members prior to the cancellation, substitution or variation of Sekisui House Rewards may still be honoured at Sekisui House Australia’s absolute discretion.
d) Sekisui House’s decision on any matter regarding Rewards is final and binding, including any disputes relating to identity of Members or entitlement of Benefits.
 
11.4 Liability
To the extent permitted by law, Sekisui House (including its officers, employees and agents) is not liable for any cost, loss or damage incurred relating to:
a) Any withdrawal, cancellation, variation or change to these terms and conditions;
b) Any breach of these terms and conditions by any person other than Sekisui House; or
c) Providing or not providing, any Benefit.

11.5 GST and Tax
Any tax, duty or liability whatsoever in relation to any Benefit received under Sekisui House Rewards will be the sole responsibility of the Member.
 
Members should contact their accountant or taxation advisor if they have any queries relating to the tax implications of Sekisui House Rewards.
 
11.6 Severability
If any part or parts of these Terms and Conditions are deemed unlawful or void or for any reason unenforceable then that provision may be severed from these Terms and Conditions and it will not affect the validity and enforceability of the remaining provisions.
 
11.7 Waiver
Any waiver by Sekisui House of its rights under these Terms and Conditions, shall not be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstance under which such waiver was granted.
 
11.8 Governing Law
These Terms and Conditions are governed and are to be construed under the laws of New South Wales. Members agree to submit to the exclusive jurisdiction of the courts of New South Wales and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions.
 
11.9 In these Terms and Conditions
Unless otherwise specified:
a) A singular word includes plural and vice versa
b) If a word or phrase is defined, then any grammatical variation of that word or phrase has a corresponding meaning.
c) Use of the word ‘including’ does not limit the scope of that thing, but means ‘including, without limitation’ or ‘including but not limited to’ 
d) $ or dollars means Australian dollars
e) All dollar amounts exclude any applicable GST

12 Definitions

The following definitions apply for terms used within these terms and conditions:

Agent
A real estate or selling agent legally engaged by Sekisui House to sell property on behalf of Sekisui House, regardless of whether remuneration is by way of salary, wages, commission or otherwise.

Benefit
Any benefit or reward offered under Sekisui House Rewards, including those listed in clause 1.

Business Day
A day that is not a Saturday, a Sunday, or a public holiday or bank holiday in New South Wales.

Build Contract
The contract under which the purchaser engages Sekisui House to build a home on the purchaser’s own land. A Build Contract can also be an Eligible Contract, or form part of an Eligible Contract with a Land Sale Contract.

Contract Exchange
When both the purchaser and Sekisui House sign identical contracts and they are formally ‘exchanged’, it becomes legally binding. The purchaser is required to pay a portion of the contract price at this time.

Contract Price / Purchase Price
The property price before any Benefits, rebates or variations are applied. Price variations made after Contract Exchange are excluded from Repeat Reward calculations.
 
Eligible Contract
A contract for the purchase of a residential lot with Sekisui House in a Participating Development excluding any contract which:
a) has a sale price of AUD$100,000 or less;
b) is a result of a tender; and
c) is in commercial quantities by a purchaser. What constitutes ‘commercial quantities’ is at the sole discretion of Sekisui House.

Immediate Family
Includes spouse or de facto (as defined in section 4AA of the Family Law Act 1975 (Cth)), grandparent and spouse or de facto; parent and spouse or de facto; brother or sister and their respective spouse or de facto; son or daughter and their respective spouse or de facto; grandchild and spouse or de facto

Joint Venture Development
A project where Sekisui House enters into a legal agreement with another company for the purposes of property development.

Land Sale Contract
The contract under which a purchaser purchases land with Sekisui House as the vendor. A Land Sale Contract can also be an Eligible Contract, or form part of an Eligible Contract with a Build Contract.

Member
As defined in clause 2.

Participating Developments
Those residential developments within Australia nominated by Sekisui House as being part of Sekisui House Rewards (listed Appendix 1).

Personal Information
Has the meaning as defined in the Australian Privacy Act 1988 (Cth) and includes any similarly defined personal information in any other jurisdiction.

Privacy Policy
Sekisui House’s privacy policy is available online at https://www.sekisuihouse.com.au/privacy-policy

Referred Purchaser
The meaning in clause 4.2

Referral Link
A unique weblink sent between a Referrer and Referred Purchaser via email to complete a Referral Reward application.

Referrer
The meaning in clause 4.2

Repeat Purchase reward
The meaning in clause 3.

Sekisui House
Sekisui House Australia Pty Limited ABN: 41 135 313 236 and its related entities or businesses.

Sekisui House Rewards
The Sekisui House purchaser reward program, the terms and conditions of which are set out in this document.

Sekisui House Rewards Member / Rewards Member / Member
The meaning in clause 2

User Account 
An online account that can be obtained by any visitor to the Website for purposes including storing subscription preferences, past purchases and tracking reward application statuses. Sekisui House Rewards applications can only be made via a User Account.

Website
The Sekisui House website located at www.sekisuihouse.com.au.

Appendix 1

Participating Developments as at 1 September 2018
NSW

  • The Address, Wentworth Point NSW
  • The Hermitage, Gledswood Hills NSW
  • The Orchards, Norwest NSW
  • Sanctuary, Wentworth Point NSW
  • The Waterfront, Wentworth Point NSW

QLD
  • The Coolum Residences, Yaroomba QLD
  • Ecco Ripley, Ripley QLD
  • West Village, West End QLD
  • Yaroomba Beach, QLD

Appendix 2

Joint Venture Developments as at 1 September 2018
  1. Central Park, Sydney NSW
  2. Royal Shores, Ermington NSW
  3. Jewel, Wentworth Point NSW
  4. Melrose Park, NSW
  5. Serrata, Docklands VIC