Sales Representative Referral Terms & Conditions

Date of Last Revision: 2 December 2024

1. Definitions

‘Developer’ means Jinding Developments Pty Ltd or its related entities responsible for developing the Community.

‘Community’ means the development project being carried out by the Developer at Broadstead Kilmore.

‘Contract of Sale’ means an binding contract of sale between the Developer as the vendor and the Prospective Purchaser as the purchaser relating to the Lot.

‘Estate Manager’ means the red23 sales manager appointed to sell Lots at the Community.

‘Lot’ means a lot in an eligible Community that is available for purchase during the Period.

‘Period’ means the period which commences at 9:00 am on 3 December 2024 and ends on 5:00 pm on 31 March 2025.

‘Prospective Purchaser’ means a natural person over the age of 18 years who is referred to the Community by the Sales Representative through the Referral Form but excludes a person who, in the reasonable opinion of the Estate Manager already exists in the project enquiry database at the time the referral is received by the project Estate Manager and has been referred to a Community by another party or is a nominee under an existing Contract of Sale or on-sale.

‘Referral Form’ means the referral form made available at the Broadstead Sales Suite or by contacting the Estate Manager via email at broadsteadkilmore@jinding.com.au or via 1300 471 670.

‘Sales Representative’ means a representative of a estate agency.

‘Unconditional’ in relation to a sale means a Contract of Sale:

(a) which is binding against both the Prospective Purchaser and the Developer as the vendor;

(b) is not subject to the satisfaction of any conditions precedent; and

(c) does not include a condition that allows either party to terminate without penalty.

2. Referral or introduction

Subject to Clause 3 below, if a Sales Representative refers or introduces a Prospective Purchaser to a Community and such introduction results in the Prospective Purchaser:

a) entering into a Contract of Sale for the purchase of a Lot during the Period; and

b) paying a deposit, or provides a bank guarantee, in accordance with the terms of the Contract of Sale; and

c) has complied with all other terms of the Contract of Sale,

the Developer will pay to the Sales Representative $10,000 (Referral Fee) to an account nominated by the Sales Representative within 30 days of a Contract of Sale reaching ‘Unconditional’ status.

3. Payment

Payment under clause 2 is conditional on:

(a) the conditions set out in clause 2(a) – (c) being satisfied by the Prospective Purchaser; and

(b) the Sales Representative submitting a completed Referral Form which has been received and acknowledged by the Estate Manager prior to the Prospective Purchaser entering into a Contract of Sale.

4. How will the Referral Fee be applied?

The Prospective Purchaser will be required to pay the full deposit upon signing the Contract of Sale and the Contract of Sale is deemed Unconditional by the Developer. The Developer will pay the Referral Fee to the Sales Representative within 30 days from the date of settlement of the Lot.

Referral Fee is limited to one per Contract of Sale. The Referral Fee is not transferable or exchangeable.

Other terms

(a) This Sales Representative Referral Program cannot be used in conjunction with any other offer without the Developer’s approval.

(b) The Sales Representative Referral Program is not an offer of finance.

(c) The Developer takes no responsibility and shall not be liable for:

i. late, lost, misdirected, incomplete or incorrect Referral Forms;

ii. any financial or legal implications (or otherwise) that may arise from the Referral Program.

(d) This Sales Representative Referral Program is limited to 10 sales at Broadstead. The Developer reserves the right to review, change or discontinue this Referral Program at any time.

(e) The Developer reserves the right, at its absolute discretion, not to accept a referral where the referral does not meet these terms and conditions.

(f) Where a Potential Purchaser is referred by more than one Sales Representative, only the first Sales Representative making the referral (based on the time and date that the Estate Manager receive a completed Referral Form, determined by the Developer in its absolute discretion) will be entitled to the $10,000 Referral Fee.

(g) To the extent permitted by law, under no circumstances will a party be liable to another party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages arising out of or in connection with the Sales Representative and the Potential Purchaser’s participation in this Sales Representative Referral Program or accepting or using the Referral Fee, even if a party has been advised of the possibility of such damages.

(h) All other terms and conditions in the Contract of Sale apply. To the extent of any inconsistency between these terms and conditions and the Contract of Sale, the Contract of Sale will prevail.

(i) If, for any reason whatsoever, the Sales Representative Referral Program is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other cause beyond the control of the Developer which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Sales Representative Referral Program, the Developer reserves its right in its sole discretion to take any action that may be available, subject to State and Territory regulations. The Developer reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sales Representative Referral Program for any reason the Promoter’s circumstances change.

(j) These terms and conditions are governed by the laws of the state of Victoria.

As part of your registration, you will need to read and agree to this Privacy Collection Statement in addition to the general Jinding Australia Group Privacy Policy (available on https://www.jindingau.com/privacy-policy/).

Jinding Group Pty Ltd (ACN 610 924 822) and its related entities (collectively, “Jinding”) collects and uses personal information about you to engage with you in relation to the sales representative referral program and the sale of property to you. Jinding also uses your personal information for related purposes including to request your feedback on the products and services provided by Jinding.

Wherever possible Jinding will collect personal information directly from you including information that you directly supply when submitting your sales representative referral program application. Such information collected includes your name, address, email address and telephone number. If you do not provide all the personal information Jinding requests from you, Jinding may not be able to provide these products or services to you. 

Jinding may disclose personal information about you to third party agents and service providers to assist Jinding in relation to the referral program, in the sale of property at Broadstead Kilmore, Harriott at Armstrong Creek, The Patch Wollert or Octave Junction Village and 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 Jinding in the operation of its business.

The general Jinding Privacy Policy contains information about how you may request access to and correction of personal information Jinding holds about you, or to make a complaint about an alleged breach of the Australian Privacy Principles.

By submitting this form, both the referrer and the referred person agree to the provided terms and conditions, and agree to Jinding using your personal information in relation to the referral program and to promote its products and services.

If you no longer wish to receive promotional information from Jinding, you may advise Jinding of your wish. The Jinding Privacy Policy contains information about how you may send your request to Jinding Australia.

If you have any queries about privacy, please contact our Privacy Officer, Jinding, Level 53, 525 Collins Street, Melbourne VIC 3000, or phone 03 9457 8588 or by email at privacy@jinding.com.au.

If you have any queries in relation to any of the above terms and conditions, please contact the red23 sales team by emailing broadsteadkilmore@jinding.com.au or 1300 471 670.