5. Claiming benefits and rewards
5.1 Where the Member is a company, the company may obtain the benefit of any discounts given to Members on properties purchased. Any other Benefits may be redeemed by one person nominated by the Company for not less than a six month period, who must be a director, employee or shareholder of the company.
5.2 If a Member is eligible for a discount on the purchase price of an Eligible Crown Group Property direct through a Crown Group Sales Agent not an external agent, that discount may be applied in a form to be determined by Crown Group in its sole discretion.
5.3 If a Member or Referrer is eligible for a Referral Benefit, it may be paid after the date of exchange of the contracts, or after settlement, for the relevant property purchase in a form to be determined by Crown Group in its sole discretion.
5.4 The following provisions apply in relation to the Benefits associated with the Crown Group’s Skye Hotel Suites, as described in the table in clause 4.1:
- accommodation at the Crown Group’s Skye Hotel Suites is subject to availability. There may be restrictions on availability because of blackout periods, and there is a limit on the rooms available to Members at any given time;
- the Benefit must be used within 12 months of the purchase of an Eligible Crown Group Property;
- Crown Group’s Skye Hotel Suites has separate terms and conditions for its accommodation. You should check the applicable terms and conditions with Crown Group’s Skye Hotel Suites before booking.
- Cancellation of booking will result in loss of ‘Free night’ for that year.
5.5 Benefits offered by our Rewards Partners may vary from time to time. Details of these Benefits will usually be published on our Website. In relation to these Benefits, you acknowledge that:
- any goods or services provided by Rewards Partners are supplied by third parties. There is no contract between you and any Crown Group Company in relation to those goods or services; and
- Rewards Partners may offer goods or services subject to terms and conditions, including regarding when Benefits are available or may be redeemed, and it is your responsibility to inform yourself of those terms and conditions.
5.6 We may notify you of Benefits we, or our Rewards Partners, offer to Members. We may contact you by email, mail or SMS (unless you have unsubscribed from receiving these notifications).
5.7 No Benefit under the Circle Loyalty Program can be converted to or exchanged for money.
5.8 Benefits may have specific terms and conditions applicable, including limited availability or time limitations.
5.9 Benefits may additionally include advance notice of new developments offered by Crown Group, and the option to purchase properties in those developments before they are released for sale to the general public. Members acknowledge that personnel of Crown Group, and others, may receive notice of new developments at the same time as Members.
6. Referrers and Referral Benefits
6.1 A person (“Referrer”) who refers a sale of an Eligible Crown Group Property to Crown Group, and who is not a Member, may be invited to join the Circle Loyalty Program by Crown Group.
6.2 Subject to clause 6.4, a Referrer, including a Member, may be eligible for the following benefits (“Referral Benefits”):
- for the first sale of an Eligible Crown Group Property referred by the Referrer to Crown Group, a referral fee of $2,500 (inclusive of GST and any other applicable taxes) paid by Crown Group to the Referrer (“Referral Fee”); or
- for any subsequent referral, a referral bonus paid by Crown Group to the Referrer, and calculated as follows (“Referral Bonus”):
- a referral fee of 0.5% of the purchase price of the Eligible Crown Group Property, where the purchase price of the property is up to $2 million;
- a referral fee of 0.75% of the purchase price of the Eligible Crown Group Property, where the purchase price of the property is between $2 million and $3 million; or
- a referral fee of 1% of the purchase price of the Eligible Crown Group Property, where the purchase price of the property is more than $3 million.
6.3 A Referrer who is a Member may also be eligible to receive a bonus in the form of an amount representing 10% of the value of the purchase price of a referred property being applied as an amount towards the total combined value of the Member’s purchases of Eligible Crown Group Properties for the purposes of determining that Member’s Membership Tier in accordance with clause 3 (“Referral Tier Benefit”) (this is also a ‘Referral Benefit’).
6.4 Payment of a Referral Benefit under clauses 6.2 or 6.3 is made in Crown Group’s discretion and will only be made by Crown Group if:
- the Referrer notified us of the referral before a contract is entered into between the purchaser and Crown Group by completing any relevant form determined by Crown Group (which will usually be made available at https://thecircle.crowngroup.com.au/referrals/); and
- a purchaser of the referred property is able to verify that the Referrer referred the sale to Crown Group, if verification is sought by Crown Group at its discretion;
- no purchaser of the referred property is an existing Member; and
- no purchaser of the referred property is already known to Crown Group as a potential purchaser, including by appearing on a Crown Group sales database.
6.5 A Referral Benefit under clauses 6.2 or 6.3 will generally be paid after settlement for the relevant property, in a form to be determined by Crown Group in its sole discretion. No Referral Benefit is payable if a contract for purchase is terminated before settlement. A Referral Benefit is only payable once in relation to a referred purchaser; and only one Referrer may receive a Referral Benefit in relation to any one referred property. In no circumstances is a referral fee payable:
- to an Agent; or
- if a real estate or selling agent is eligible to receive a sales commission or similar in relation to the same property.
7. Transfer of membership
A Member may transfer their Membership, along with any Benefits, to an Eligible Family Member with our consent, which will not be unreasonably withheld. A Member must not request, receive or accept any consideration (in the form of payment or otherwise) for any transfer in accordance with this clause.
8. Your obligations
8.1 You must not:
- breach these Terms and Conditions;
- abuse or misuse the Circle Loyalty Program, including by:
- engaging in illegal or fraudulent activities;
- supplying or attempting to supply false or misleading information, or making a misrepresentation to Crown Group, its officers or employees;
- selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any Benefits under the Circle Loyalty Program other than in accordance with these Terms and Conditions;
- refusing to follow reasonable instructions for directions issued by or on behalf of us in relation to the provision of Benefits; or
- seek to obtain any commercial benefit from the Circle Loyalty Program.
9.1 You may cancel your Membership at any time and for any reason by emailing email@example.com.
9.2 We may cancel your Membership in writing for any reason with one month’s notice.
9.3 We give no warranty as to the continuing availability of the Circle Loyalty Program. We may terminate or suspend the Circle Loyalty Program at any time, although we will use reasonable endeavours to provide you with notice of any such termination or suspension.
9.4 If a contract for the purchase of an Eligible Crown Group Property is brought to an end before settlement for any reason, or if you breach or default under such a contract for purchase, the contract will no longer be able to be relied upon for the purposes of determining eligibility for Membership or Benefits.
9.5 Membership will automatically terminate on the death of a Member. Benefits earned or accumulated but not yet redeemed or transferred prior to the death of the Member in accordance with clause 7 of these Terms and Conditions will be cancelled.
10. Liability and indemnity
10.1 Consumers under the Australian Consumer Law have certain non-excludable rights. Nothing in these Terms and Conditions is intended to exclude or restrict those rights.
10.2 Subject to clause 10.1, the Crown Group is not liable for any loss or claim of any kind (including, without limitation, consequential or economic loss or loss of profits), arising under or in connection with these Terms and Conditions or the Circle Loyalty Program, including, without limitation, any changes to the Terms and Conditions or the Circle Loyalty Program, save to the extent that any loss or claim arises directly from the negligence or wilful misconduct of Crown Group.
10.3 You indemnify and release us from and against all claims, actions, losses (including indirect and consequential losses), liability, damage or expenses incurred or sustained by us (including based on any liability to or claims of any third party) arising out of or in connection with:
- any breach of your obligations under these Terms and Conditions or the Circle Loyalty program; or
- any negligent or unlawful act or omission by you.
11.1 Entire agreement: Goods are provided and services are supplied on the terms expressly set out in these Terms and Conditions and, where applicable, subject to non-excludable rights under the Competition and Consumer Act 2010 (Cth). Other representations or statements made by us to you, however made, are not part of these Terms and Conditions. However, you may have other legal rights in relation to those representations.
11.2 GST and Tax: Any tax, liability or duty in relation to any Benefit provided to you under the Circle Loyalty Program is solely your responsibility. You may wish to contact your accountant or taxation advisor if you have any queries relating to taxation implications of any matter arising under these Terms and Conditions.
11.3 Severability: In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, any such provision shall be deemed modified to the minimum extent necessary to make it valid or enforceable. If the relevant provision cannot be so modified, any such invalidity or unenforceability will attach only to the provision and will not affect or render invalid or unenforceable any other provision of these Terms and Conditions.
11.4 Jurisdiction: The laws of New South Wales, Australia, govern these Terms and Conditions. Each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia. Also in Brisbane, Queensland and Melbourne Victoria. Also in Los Angeles USA and Jakarta in Indonesia.
11.5 Assignment: You must not, without our prior written consent, assign any of your rights or obligations under these Terms and Conditions. You may transfer certain Benefits in accordance with clause 7 of these Terms and Conditions.
11.6 Notification: We may provide notification to you under these Terms and Conditions (including but not limited to notification for the purposes of clauses 1, 3.2 and 9.2 by email, post, fax, SMS or publication on our Website. By agreeing to these Terms and Conditions, you agree to receive electronic communications from us. You may unsubscribe from notifications by electronic means at any time by emailing firstname.lastname@example.org. Please advise us of any change of name, address or other details.
11.7 Waiver: Any failure or delay by us in exercising our rights under these Terms and Conditions does not constitute a waiver. Any waiver by us must be in writing and signed by one of our authorised officers.
11.8 Disputes: If you have any concerns about the Circle Loyalty Program, please contact our team at email@example.com or on 1800 888 028 and we will use reasonable endeavours to resolve the issue promptly. Our decision on all matters relating to the Circle Loyalty Program, including who may be a Member and whether a person is entitled to a Benefit is final.
12.2 The type of Personal Information we may collect and hold includes your name, address, date of birth, age, language preferences, nationality and contact details.
12.3 It is a condition of Membership that you consent to and authorise us to collect, use and disclose the information on your application form and other information that we collect for the purposes of giving effect to any provision of these Terms and Conditions, and we may disclose such information to Rewards Partners, for the purposes of:
- the provision by us or Rewards Partners of products of services in accordance with these Terms and Conditions;
- facilitating improvements to our customer service, including by means of research, marketing, product development, planning and training;
- marketing our or third party products or services; and
- any third party providing services to us in connection with the administration of the Circle Loyalty Program.
12.4 If you do not provide or update your Personal Information, you acknowledge that you may not be entitled to call upon certain Benefits.
13. Definitions and interpretation
Unless otherwise stated, or already defined in these Terms and Conditions:
Agent means a real estate or selling agent appointed by, or receiving commissions from, a Crown Group Company.
Benefit means any of the services, facilities, discounts or arrangements offered or available to a Member as a result of membership in the Circle Loyalty Program.
Circle Loyalty Program means the loyalty program operated by Crown Group.
Crown Group means Crown Group Holdings Pty Ltd ACN 125 413 443.
Crown Group Company means Crown Group or any related body corporate (as that term is defined in the Corporations Act 2001 (Cth)) of Crown Group from time to time.
Crown Platinum Club means the loyalty program formerly operate by Crown Group.
Eligible Crown Group Property means a new residential lot in one of the following buildings:
- Skye by Crown Group, North Sydney;
- Viva by Crown Group, Top Ryde;
- Viking by Crown Group, Waterloo;
- V by Crown Group, Parramatta;
- Crown Group Green Square, Zetland;
- Arc by Crown Group;
- Infinity by Crown Group;
- Waterfall by Crown Group; or
- any other building that Crown Group determines is an Eligible Crown Group Property from time to time.
Eligible Family Member means any person that a Member can demonstrate, to our reasonable satisfaction, as being a direct family member of that Member, which exclusively includes: spouse (by marriage or de factor), sibling (including half-sibling and step-sibling), parent (including step-parent) and child (including foster and step-child).
Member means a person who is a member of the Circle Loyalty Program.
Membership means membership of the Circle Loyalty Program.
Membership Tier has the meaning given to it in clause 3.1.
Personal Information has the same meaning as given in the Privacy Act 1988 (Cth).
Referral Benefit has the meaning given to it in clauses 6.2 and 6.3.
Referral Bonus has the meaning given to it in clause 6.2a.
Referral Fee has the meaning given to it in clause 6.2b.
Referral Tier Benefit has the meaning given to it in clause 6.3.
Referrer has the meaning given to it in clause 6.1.
Rewards Partners means a person which Crown Group has entered into an arrangement with which provides that the person may provide certain Benefits to a Member.
Terms and Conditions means these The Circle Loyalty Program Terms and Conditions.
We, us, our means Crown Group Holdings Pty Ltd ACN 125 413 443.
Website means https://thecircle.crowngroup.com.au/
Unless otherwise stated:
- Dollars or ‘$’ means Australian dollars.
- All dollar amounts exclude GST.
- A singular word includes the plural and vice versa.
- If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
- A reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity.
- Examples and inclusions provided in these Terms and Conditions are non-limiting.
- A reference to a party to this agreement includes its successors and permitted assigns.
Effective Date: 8 November 2018