Oliver Hume “Transfer Your Investment” Promotion (“Promotion”)

TERMS AND CONDITIONS

1. Introduction
1.1 The following terms and conditions (the “Promotion Terms”) apply to the Promotion. All participants who enter the Promotion warrant that they have read, understand and agree to comply with and be bound by these Promotion Terms.
1.2 This Promotion is being run by Oliver Hume Asset Management (VIC) Pty Ltd of Level 2, 4 Riverside Quay VIC 3006 and Oliver Hume Asset Management (QLD) Pty Ltd of Suite 19C, Level 19, 50 Cavill Avenue, Surfers Paradise QLD 4217

(collectively ”Oliver Hume”).
1.3 The Promotion will commence on 12:01am AEST 27 September 2017 and conclude at 11:59pm AEDT 31 October 2017 (“Promotion Period”)
1.4 Officers, employees and immediate families of officers and Employees of Oliver Hume, any Associates of Oliver Hume and any agencies associated with this Promotion are ineligible to enter (“Ineligible Persons”).
2. Definitions & Interpretation
2.1 In these Promotion Terms, unless the context otherwise requires:
”Agent’s Representative” has the same meaning as under the Estate Agent’s Act;
“Associate” means in relation to a person:
(a) an associate of the person under sections 10 to 17 of the Corporations Act 2001 (Cth);
(b) a company or trust of which the person has control; or
(c) the parent, spouse, child or spouse of such child over the age of 18 of the person;
“Commencement Date” means AEST 12:01am 27 September 2017 “Employee” means any person who is employed by Oliver Hume, including for the avoidance of doubt, any person who is employed as an Estate Agent or an Agent’s Representative;
“End Date” means AEDT 11:59pm on 31 October 2017;
“Entrant” has the meaning given to that term in clause 3.1;
”Entry Form” means an entry form for the Promotion completed by an Entrant and submitted to Oliver Hume in accordance with these Promotion Terms;
”Estate Agent” has the same meaning as under the Estate Agent’s Act;
“Estate Agents Act” means the Estate Agent’s Act 1980 (Vic);
“Excluded Costs” means:
(a) any applicable Tax (including but not limited to stamp duty and GST);
“Exclusive Authority” means a formal written exclusive authority appointing Oliver Hume to manage the Landlord’s Real Estate on behalf of a Landlord in accordance with the Estate Agent’s Act;
”Investor Pack” means:
(a) 3 months’ of Property Management Services;
(b) 12 months’ of Landlord’s Insurance; and
(c) one (1) only Professional Oliver Hume Marketing Pack
of a total value of $1,000 (“Value”) excluding all Excluded Costs. The Value of the Investor Pack is correct at the time of printing and is subject to change;
”Landlord” means an owner in respect of any Real Estate that Oliver Hume is exclusively appointed as managing agent in accordance with these Promotion Terms;
“Landlord’s Insurance” means one (1) landlord’s insurance policy with Terri Scheer for a 12month period valued at $329 (based on a standard Queensland Policy Premium with Terri Scheer;
“Landlord’s Real Estate” means Real Estate that is legally owned by a Landlord; and
“Nominated Person” means Ann-Marie Hardwick of Oliver Hume at a.hardwick@oliverhume.com.au;
”Oliver Hume Privacy Policy” means the privacy policy adopted by Oliver Hume from time to time and located on the Oliver Hume website www.oliverhume.com.au;
”Personal Information” has the same meaning as under the Privacy Act 1988 (Cth);
“Professional Oliver Hume Marketing Pack” means one (1) featured listing marketing pack for the Landlord’s Real Estate including:
(a) professional photography;
(b) copywriting; and
(c) graphic design works,
for the advertising and marketing of the Landlord’s Real Estate.
“Property Management Services” means residential real estate property management services as provided by Oliver Hume at an average management fee of $2065.00 per annum;
”Real Estate” has the same meaning as defined in the Estate Agent’s Act 1980 (Vic);
“Recipient” means a person who is eligible to receive an Investor Pack in accordance with these Promotion Terms;
”Tax” means any tax, levy, charge, impost, fee, deduction, withholding or duty of any nature, including any Income Tax, Fringe Benefits Tax or Goods and Services Tax (as those terms are defined under the Income Tax Assessment Act 1997 (Cth), the Fringe Benefits Tax Assessment Act 1986 (Cth) and the A New Tax System (Goods and Services Tax) Act 1999 respectively) imposed or collected by a government agency;
2.2 Any reference in these Promotion Terms to:
2.2.1 one gender includes the others;
2.2.2 the singular includes the plural and vice versa;
2.2.3 a statute, regulation or other law includes any amendment or replacement of it and any other regulation or statutory instrument made under it;
2.2.4 “including” and similar expressions are not words of limitation; and
2.2.5 “dollars” or “$” means Australian Dollars.
3. Criteria for Entrants
3.1 A person will qualify as an “Entrant” provided that the person:
3.1.1 is a natural person;
3.1.2 is 18 years or over;
3.1.3 is an Australian resident;
3.1.4 is not an Ineligible Person;
3.1.5 has completed an Entry Form and provided a copy to the Nominated Person;
3.1.6 has provided sufficient detail to Oliver Hume in the Entry Form to allow Oliver Hume to identify and contact that person without further enquiry;
3.1.7 has not already entered the Promotion; and
3.1.8 has consented to these Promotion Terms.
(“Entrant”)
3.2 By submitting an Entry Form to Oliver Hume, the Entrant warrants that they have consented to the Promotion Terms and agrees to indemnify Oliver Hume against any actions, claims, demands, damages, costs and expenses that Oliver Hume may incur or for which Oliver Hume may become liable arising from any breach of that warranty.
4. Conditions of participation
4.1 Subject to clauses 3.1 and 3.2, an Entrant will be entitled to participate in the Promotion provided that:
4.1.1 the Entrant either:
(a) executes an Exclusive Authority appointing Oliver Hume during the Promotion Period on an unconditional basis; or
(b) refers a person who subsequently executes an Exclusive Authority appointing Oliver Hume during the Promotion Period on an unconditional basis;
4.1.2 where sub-clause 4.1.1.(a) applies, the Entrant is the registered proprietor of the Landlord’s Real Estate;
4.1.3 the Landlord’s Real Estate is located in either:
(a) the state of Victoria; or
(b) the state of Queensland;
4.1.4 the Landlord has the capacity to enter into and to perform and complete their obligations under the Exclusive Authority; and
4.1.5 Oliver Hume is retained as the managing agent of the Landlord’s Real Estate and the Landlord does not revoke or cancel the Exclusive Authority appointing Oliver Hume for a period of 12 months.
4.2 If the Exclusive Authority appointing Oliver Hume as the managing agent of the Landlord’s Real Estate is cancelled or revoked within a 12 month period, the Recipient agrees to reimburse Oliver Hume for the full value of the Investor Pack by way of set-off against rental monies collected by Oliver Hume as managing agent.
4.3 An Entrant will only be entitled to a maximum of one (1) Entry into the Promotion, irrespective of how many Exclusive Authorities are executed during the Promotion Period.
5. Promotion details
5.1 All eligible Entrants will receive one (1) entry into the Promotion and subject to meeting the criteria set out in clauses 3 and 4 of these Promotion Terms, will receive one (1) Investor Pack.
5.2 Each Investor Pack is personal.
5.3 A Recipient must accept the Investor Pack within 28 days of its receipt.
5.4 Each Investor Pack is:
5.4.1 not capable of being assigned;
5.4.2 not transferable;
5.4.3 non-exchangeable; and
5.4.4 cannot be redeemed for cash.
6. Oliver Hume’s rights
6.1 Oliver Hume reserves the right to:
6.1.1 suspend or cancel the Promotion, in whole or in part, at any time and in its absolute discretion;
6.1.2 change, amend or vary these Promotion Terms;
6.1.3 change, amend, vary, substitute, withdraw or cancel the Investor Pack or the value of the Investor Pack under the Promotion;
6.1.4 exclude an Entrant from the Promotion for any reason in its absolute discretion; and
6.1.5 verify the validity of each Entry Form, Investor Pack claims and Entrants (including an Entrant’s or referred Landlord’s identity, age and place of residence) and to disqualify any Entrant who submits an Entry Form or Investor Pack claim that is not in accordance with these Promotion Terms, including any material which breaches any applicable legislation, or any person who tampers with the entry process. An Entry Form that is incomplete, indecipherable, illegible or non-compliant with these Promotion Terms is invalid and will not be accepted or considered. Failure by Oliver Hume to enforce any of its rights at any stage does not constitute a waiver of those rights.
6.2 Oliver Hume accepts no liability or responsibility for any Excluded Costs or for the procurement of any additional insurance with respect to the Landlord’s Real Estate.
6.3 Oliver Hume accepts no liability or responsibility in respect of any injury or accident that may occur as a result of an Entrant participating in the Promotion. Each Entrant unconditionally and forever releases Oliver Hume from any future actions, suits, claims, demands, costs, expenses and other obligations or liabilities of any nature whatsoever under or in connection with the Promotion.
7. Release and indemnity
By entering this Promotion, an Entrant releases and indemnifies Oliver Hume (including its officers, employees and agents) from and against all actions, liabilities, penalties, claims or demands that the Entrant may have against Oliver Hume or that Oliver Hume may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an Entrant participating in the Promotion or receiving an Investor Pack, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
8. Tax
Any liability for payment of any Tax arising from or relating to the provision of an Investor Pack will be the sole responsibility of the Recipient. Entrants should contact their accountant or taxation advisor if they have any queries relating to the Tax implications of the Promotion and their participation in it.
9. Privacy
9.1 Oliver Hume will collect personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to suppliers and Australian regulatory authorities. Participation in the Promotion is conditional upon the provision of this information.
9.2 Each Entrant agrees that Oliver Hume may use this information for promotional, marketing and publicity purposes unless an Entrant expressly requests otherwise in writing to Oliver Hume. The use and disclosure of this information will be subject to the provisions of the Privacy Act 1988.
9.3 If an Entrant does not provide Personal Information required by Oliver Hume for the purposes of the Promotion, the Entrant acknowledges that he/she may not be entitled to participate in the Promotion. All Personal Information supplied by an Entrant under the Promotion will be used by Oliver Hume in accordance with these Promotion Terms and the Oliver Hume Privacy Policy.
10. General
10.1 The Promotion will commence on the Commencement Date and conclude on the End Date, or until Oliver Hume in its sole discretion decides otherwise.
10.2 Oliver Hume’s decision on all matters pertaining to the Promotion, including but not limited to any dispute as to any entitlement to an Investor Pack, the identity of an Entrant or referred Landlord, or as to the validity of an Entrant or referred Landlord, pursuant to these Promotion Terms, is final and binding.
10.3 Oliver Hume is not liable for any loss, expense or damage suffered by Entrants or referred Landlords arising from or in any way or in connection with the leasing of any real estate in connection with the Promotion, suspension or cancellation of the Promotion, variations or changes to the Promotion, except to the extent that liability cannot be excluded by law.
10.4 The laws applicable in the State of Victoria govern these Promotion Terms. Each Entrant submits to the non-exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from those courts.
10.5 If any provision or part of any provision of these Promotion Terms is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the provision (or where possible, the offending part of that provision) is to be severed from these Promotion Terms without affecting the remaining provisions.
10.6 These Promotion Terms are to be interpreted so that it complies with all applicable laws and if any provision does not comply then it must be read down so as to give it as much effect as possible. The parties agree that they intend to comply with all applicable laws and agree to rectify these Promotion Terms if required to give effect to any required changes.