Eliston Refer A Friend Terms And Conditions

Last updated: 1 August 2025

1. KEY DETAILS

1.1 The Eliston Refer a Friend Promotion (Promotion) is subject to the following terms and conditions (Terms). By completing a Referral Form, you are agreeing to these Terms. These Terms are important and you should read them fully. However, these are some key terms that we want to make you aware of:

2. ELIGIBILITY

2.1 The Participant must meet the eligibility criteria set out in Item 6 to participate in the Promotion.

2.2 The Promoter reserves the right, at any time and as necessary, to verify the eligibility of the Participant. The Promoter may request evidence of age, identity, residential address or other relevant eligibility information from the Participant. For example, the Promoter may ask to see your identity documentation.

2.3 If the Promoter cannot verify that the Participant is eligible for the Promotion, the Participant will be ineligible for the Promotion.

3. RESTRICTIONS

3.1 Eligible Purchasers must not have an existing relationship with the Promoter, or have previously contacted the Promoter in relation to the Development. For example, the Purchaser must not have:

1. been previously referred to the Promoter;
2. been a previous or current customer of Promoter, or
3. previously signed up to receive news about the Development.

3.2 Directors and employees of the Promoter and its related body corporates, as well as contractors and any person working onsite at the Development (including builders), are ineligible to participate in the Promotion. This includes the immediate families of employees, directors and contractors.

3.3 Any Participant who tampers, provides false information, fails to provide any reasonably requested information that is necessary to validate eligibility, or otherwise interferes with the entry mechanism in any way, or who does not properly comply with the Application Process, in the sole discretion of

3.4 This Promotion is not available in conjunction with any other promotion offered by the Promoter or any related body corporate.

3.5 If there is more than one promotion that applies to the Participant or Promotional Lot, the Promoter reserves the right to honour the Promotion it chooses in its sole discretion.

4. INCENTIVES

4.1 The recipient of the Incentive cannot transfer or request for the Incentive to be taken as cash.

4.2 The Incentive will be subject to the terms of the gift card provider. Any dispute regarding the activation, use or operation of the Incentive will between the Participant and the gift card provider.

4.3 The Referrer is only eligible for one Incentive for each Purchaser that they successfully refer to the Promoter, regardless of how many Promotion Lots the Purchaser purchases during the Promotion.

4.4 The Referrer is permitted to refer multiple Purchasers to the Promoter during the Promotion Period and will be entitled to receive an Incentive for each Purchaser successfully referred.

4.5 The Participant is responsible for informing their lender (if any) about the Incentive.

5. PRIVACY

5.1 The Participant must ensure that any information it provides the Promoter in a Referral Form is accurate and correct and must notify the Promoter of any changes it makes to the details in the Referral Form.

5.2 The Promoter will collect and handle any personal information in connection with this Promotion in accordance with the Contract of Sale and the Promoter’s Privacy Collection Notice and Privacy Policy.

5.3 Amendments: The Promoter may vary the Terms of this Promotion at any time without prior notice, except as explicitly prohibited by applicable law. If the variation is a material change and is likely to have an adverse impact on the Participant, the Promoter will use reasonable efforts to provide the Participant with reasonable prior notice by updating the Promotion webpage.

6. NO LIABILITY

6.1 To the extent permitted by law, the Promoter and its related bodies corporate and any employees, officers or agents, are not liable and exclude all liability (including negligence) for any direct, indirect, consequential, exemplary, incidental, special or punitive damages or loss arising out of or in connection with the Participant’s participation in this Promotion, including (a) the use of the Incentive, (b) any theft, unauthorised access or third party interferences, or (c) any tax liability incurred by a Participant, even if the Promoter has been advised of the possibility of such damages.

6.2 The Incentive may be subject to guarantees that cannot be excluded under Australian Consumer Law.

7. TERMINATION

7.1 Subject to clause 7.2, the Promoter may terminate the Promotion at any time as long as 30 days prior notice is given via the Promotion webpage.

7.2 The Promoter may immediately terminate the Promotion: (a) if for any reason the Promotion is not capable of running as originally planned, including should any virus, worm, bug, technical failures, unauthorised human intervention, or other causes corrupt or affect the administration, security, fairness, or proper conduct of the Promotion; or (b) depending on the availability of the Promotion Lots.

7.3 The Promoter will not be liable for failure, delay, or termination of a Promotion because of causes beyond its reasonable control, including without limitation acts of God, terrorism, war, riots, natural disasters, pandemic, or the failure of third party providers.

8. GENERAL

8.1 Non-Excludable Guarantees: Nothing in these Terms limits, excludes or modifies the statutory consumer guarantees set out in Schedule 2 - Australian Consumer Law of the Competition and Consumer Act 2010 (Cth) (CCA) or similar consumer protection laws in Australia. If the CCA or any other legislation implies a guarantee, warranty or term into, or in connection with, these Terms, in respect of goods supplied (if any), the Promoter’s liability for breach of such condition, warranty, or other term or guarantee is limited to the extent permitted and in the case of the supply of goods, the Promoter doing any one or more of the following: (i) replacing the goods or supplying equivalent goods; or (ii) paying the cost of replacing the goods or of acquiring equivalent goods.

8.2 Waiver: If any term or provision of these Terms are judged invalid or unenforceable, that term will be void, and the remainder of these Terms will continue to operate.

8.3 Governing Law: These Terms are governed by the laws of the state of Victoria, Australia. Participants must submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth with respect to any action or other legal process with respect to any matter in connection with these Terms.

8.4 Conflict: To the extent of any inconsistency between the Terms and the Contract of Sale, the Contract of Sale will prevail.

8.5 No offer of finance: The Promotion is not an offer of finance. The Promoter takes no responsibility for the Purchaser’s stamp duty, strata levies or other tax liabilities of government charges.