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The Fabric Refer a Friend Promotion – Existing Purchasers to Refer a Friend

Terms and Conditions

Background to Promotion

1.  Mirvac Pty Ltd (Mirvac or the Promoter) recently introduced the “Refer a Friend” at The Fabric by Mirvac in Victoria (Promotion).

2.  The Promotion will run for a limited time. The Promotion commences at 9:00 am on Tuesday 1 July 2024 and ends at 5:00 pm on Thursday 1 January 2025 (Promotion Period).

3.  Under the Promotion, subject to these terms and conditions, Mirvac will offer a $5,000 EFTPOS Cash Card (Referral Sum) to a Referring Party and a $5,000 EFTPOS Cash Card (Buyer Referral Sum) to the Eligible Buyer if the Referring Party refers the Eligible Buyer to Mirvac and the Eligible Buyer enters into an unconditional contract of sale with Mirvac for the purchase of any lot at The Fabric by Mirvac, Victoria (Eligible Property) and settles during the Promotion Period.

4.  The following terms and conditions apply to the Promotion. By participating in the Promotion, Eligible Buyers and Referring Parties agree to be bound by these terms and conditions.

5.  A Referring Party is a person who:

  1. (a)  is a natural person over the age of 18 years and is not a company, registered builder, superannuation fund or person acting as agent on behalf of other persons;
  2. (b)  resides at, or is an existing or previous owner of, or has recently purchased any property at The Fabric by Mirvac in Victoria; and provides sufficient evidence to Mirvac confirming this requirement (e.g. driver’s licence or utility bill); and
  3. (c)  introduces an Eligible Buyer by completing in full and signing an online “Refer a Friend Introduction Form” and providing it to Mirvac.

6.  An Eligible Buyer is:

  1. a natural person over the age of 18 years and is not a company, registered builder, superannuation fund or person acting as agent on behalf of other persons;
  2. not an employee, agent, consultant or related entity of Mirvac;
  3. a person who has been referred to Mirvac by a Referring Party and has not been referred to Mirvac by a referring channel agent;
  4. a person who, at the time of referral for the Promotion, has not already been entered into Mirvac’s The Fabric database; and
  5. a new introduction to Mirvac and must not, in the reasonable opinion of Mirvac, be in current/present negotiations for the purchase of a property at The Fabric by Mirvac.

7.  The Promotion is only available to a Referring Party and the Eligible Buyer if a Referring Party introduces an Eligible Buyer who:

  1. exchanges an unconditional contract of sale with Mirvac for an Eligible Property (Contract) during the Promotion Period;
  2. pays the full 10% deposit on or before the due date under the Contract;
  3. complies with the terms of the Contract (including the special conditions of the Contract) and is not otherwise in default under the Contract; and
  4. settles the acquisition of the Eligible Property on the due date for settlement required under the Contract.

8.  The online Refer a Friend Form must be received prior to the Eligible Buyer entering into the Contract, and must be approved by an authorised officer or agent of Mirvac.

9.  Subject to the Referring Party and the Eligible Buyer complying with these terms and conditions (and, in the case of the Eligible Buyer, the additional provisions set out in the Contract), Mirvac will issue the Referral Sum to the Referring Party and the Buyer Referral Sum to the Eligible Buyer within 60 days after settlement of the Contract.

10.  No Referral Sum or Buyer Referral Sum issued under this Promotion will be deducted from the purchase price under the Contract and is non-transferrable, non-refundable and cannot be exchanged for cash.

11.  Mirvac reserves the right, acting reasonably, not to accept a referral.

12.  There is no limit to the number of Eligible Buyers that a Referring Party may refer under this Promotion and, subject to satisfaction of all relevant conditions:

  1. each Eligible Buyer will be entitled to the Buyer Referral Sum; and
  2. the Referring Party will be eligible to receive the Referral Sum for each Eligible Buyer they introduce.

13.  Where an Eligible Buyer is referred by more than one Referring Party, only the first referral received and acknowledged by Mirvac (as determined by Mirvac in its absolute discretion) will be entitled to the Promotion.

14.  Mirvac shall notify the Referring Party in writing by email whether or not they qualify for the Promotion within 14 days after the Eligible Buyer satisfies the requirements set out in these terms and conditions.

15.  The Referral Sum and the Buyer Referral Sum may be subject to the terms and conditions of the EFTPOS gift card issuer. Any dispute pertaining to the gift card is strictly between the Referring Party/Eligible Buyer and the provider.

16.  Any queries regarding the activation, use, operation or any other aspect of the gift card should be directed to the relevant gift card issuer. These cards must be redeemed within 12 months from date of issue unless otherwise specified by the issuer.

17.  The Eligible Buyer and Referring Party acknowledge and agree that the Promotion is non-transferrable, non-refundable and cannot be exchanged for cash. All taxes which may be payable as a consequence of receiving or participating in the Promotion are the sole responsibility of the Eligible Buyer and/or Referring Party.

18.  The Eligible Buyer and Referring Party must disclose the contents of this Promotion to any lending institution providing finance to the Eligible Buyer or Referring Party to assist with the purchase of the Eligible Property.

19.  The Eligible Buyer and Referring Party forfeit all rights to receiving or participating in the Promotion if the Eligible Buyer or Referring Party, in the reasonable opinion of Mirvac, do not comply with any of these terms and conditions or any term or condition under the Contract.

20.  This Promotion can be used in conjunction with any other promotion or campaign promoted at The Fabric by Mirvac.

21.  To the extent permitted by law, Mirvac is not liable to the Eligible Buyer or Referring Party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages arising out of or in connection with the Eligible Buyer’s or Referring Party’s participation in this Promotion even if Mirvac has been advised of the possibility of such damages.

22.  Mirvac may, acting reasonably, cancel, terminate, modify, extend or suspend the Promotion at any time by notice published on The Fabric by Mirvac website here: https://thefabric.mirvac.com.

23.  If there is any inconsistency between these terms and conditions and the provisions of the contract of sale entered into by a person participating in the Promotion, the provisions of the contract of sale will prevail.

24.  These terms and conditions are governed by the laws of Victoria.

Privacy Collection Statement

25.  The Mirvac Group (Mirvac Limited and its controlled entities) collects and uses personal information about you to administer this Promotion and may disclose personal information to third-party agents and service providers who assist Mirvac in the operation of its business. If you do not provide the personal information requested, Mirvac may not be able to process your referral or supply the relevant products or services to you.

26.  Mirvac may disclose personal information about you to third-party agents and service providers to assist Mirvac in the operation of its business to provide the products and services you request. Your personal information may also be disclosed to overseas recipients who use the personal information to assist Mirvac in the operation of its business in countries including, but not limited to, the United States of America, the Philippines, Japan and the United Kingdom.

27.  The Mirvac Group Privacy Policy (available on www.mirvac.com) contains information about how you may request access to and correction of personal information Mirvac holds about you, or to make a complaint about an alleged breach of the Australian Privacy Principles. You can also contact our Mirvac Privacy Officer using the following details: Phone (02) 9080 8000; Email privacy@mirvac.com; and Address: ‘Mirvac Privacy Officer’, Mirvac Group Compliance, Level 28, 200 George Street, Sydney NSW 2000.

28.  By participating in the Promotion, you agree to Mirvac using your personal information to promote its products and services. If you no longer wish to receive promotional information from Mirvac, you may advise Mirvac of your wish. The Mirvac Group Privacy Policy contains information about how you may send your request to Mirvac.