1. The promoter is Hurstmon owned by Malvern East Hurstmon Pty Ltd ATF Malvern East Hurstmon Unit Trust with registered address at Level 12, 41 Exhibition Street, Melbourne VIC 3000 (the Promoter).

2. Only persons aged 18 years of age or older who signed a contract (which has settled or is due for settlement) to purchase an apartment from the Promoter (a Participant) are eligible to participate in the promotion described in these terms and conditions (the Promotion) and to receive the promotion reward described in paragraph 4 of these terms and conditions (the Promotion Reward).

3. The terms and conditions of the Promotion are governed by the laws of the State of Victoria, Australia, and the Promoter, each Participant and each Prospective Customer (as defined below) irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Victoria.

4. The promotion reward is a V-ZUG Appliance Upgrade Each:

Existing V-ZUG Appliance Package: total $9,666 (RRP)

• Electric Built-in Combair Oven – $2,999 (RRP)
• Natural Gas Cooktop – $2,999 (RRP)
• ILVE Rangehood – $669 (RRP)
• Integrated Dishwasher (same as upgrade package) – $2,999 (RRP)

Upgraded V-ZUG Appliance Package: total $13,696 (RRP)

• Built-in Combair Pyrolytic Oven – $4,499 (RRP)
• Induction Cooktop – $3,899 (RRP)
• Airoclear Rangehood – $2,299 (RRP)
• Integrated Dishwasher (same as existing package) – $2,999 (RRP)

available to each of:

a. the Participant; and

b. a friend or a family member of the Participant who is referred by the Participant to the Promoter during the Promotion Period (as defined below) if that friend or family member enters, within the Promotion Period, into a contract to purchase an apartment from the Promoter and settles on that contract (the Prospective Customer). A Participant can not refer themselves as the Prospective Customer.

5. The Promotion commences at 9am on 10th November 2021 and closes at the earlier of 11.59pm on 30th November 2021 (Victorian time) or the sale of all apartments (the Promotion Reward). The Promoter may extend or shorten the Promotion Period at its sole discretion (the Revised Promotion Period). If extended or shortened, details of any Revised Promotion Reward will be posted online this website.

6. References in these terms and conditions to the Promotion Period include any Revised Promotion Period, where applicable.

7. Subject to strict compliance with these terms and conditions, the Participant and the Prospective Customer will each receive the Promotion Reward in the completed apartment upon settlement of the Contract.

8. For the Participant and the Prospective Customer to be eligible to receive the Promotion Reward, the following is required:

a. the Participant must complete the referral nomination form with details of the Prospective Customer, and obtain consent of the Prospective Customer to inclusion of their details in the form, and submit the referral form to the Promoter in the Promoter’s Sales and Information Centre;

b. the Prospective Customer must, within the Promotion Period, deliver a signed contract of sale for purchase of Applicable Land in the vendor’s standard form, and otherwise on terms and conditions acceptable to vendor and the Promoter in their absolute discretion;

c. the Promoter, as the landowner, or the Promoter’s nominated landowner, as the vendor of the apartments, in its absolute discretion must accept the Prospective Customer’s offer to purchase the apartment and must sign and return to the vendor the contract in paragraph 8.a (a Contract); and

d. the Prospective Customer must effect settlement of the Contract in accordance with its terms by the settlement date prescribed in the Contract.

9. The Promoter reserves the right to withdraw the Promotion Reward, provided that a contract signed by the Prospective Customer has not been returned to the vendor (as contemplated at paragraph 8.c.

10. The Promotion Reward is personal to the Participant and the Prospective Customer and the Participant and the Prospective Customer may not transfer or otherwise deal with its right to receive the Promotion Reward to any other person.

11. The Promoter will not be obliged to pay the Promotion Reward if the Prospective Customer does not strictly satisfy the terms and conditions of the Contract. For example, the Participant and Prospective Customer will not be entitled to receive the Promotion Reward where settlement of the Contract does not occur by the date prescribed in the Contract due to the default of the Prospective Customer, or where the Prospective Customer does not proceed to settlement and nominates an alternative transferee to take title at settlement.

12. By delivering to the Promoter a completed referral form in respect of the Prospective Customer, the Participant confirms that it is deemed to have accepted these terms and conditions. By delivering to the Promoter, or the relevant vendor, a signed Contract, the Prospective Customer confirms that it is deemed to have accepted these terms and conditions.

13. Failure by the Promoter to enforce any of its rights under these terms and conditions or a Contract does not constitute a waiver of those rights.

14. There are only two Promotion Rewards for each apartment – that is, there are only two V-ZUG Appliance Upgrade Each available for each apartment – one for a Participant, and one for a Prospective Customer. If the Prospective Customer for that lot is referred by more than one Participant, the Promoter will only be liable to provide one Promotion Reward to a Participant selected by the Promoter in their absolute discretion. If more than one Prospective Customer comprises the purchaser of the relevant lot, then one Promotion Reward will be delivered to one of the Prospective Customers, in the Promoter’s absolute discretion.

15. Terms and conditions of the Promotion may change without notice. Details of updated terms will be posted on this website.

l6. Nothing in these terms and conditions is intended to exclude, restrict or modify rights which the Participant and/or Prospective Customer may have under any law (including the Australian Consumer Law) which may not be excluded, restricted or modified by agreement (‘Your Consumer Rights’). Subject to Your Consumer Rights, the Promoter is not liable for any loss or damage however caused (including by negligence), suffered, or incurred in connection with the promotion or the Incentive. Any condition or warranty which would be implied by law into these terms and conditions is excluded.

17. The Promoter is not liable for any loss or damage in connection with any failure to provide the Promotion Reward or to provide the Promotion Reward in accordance with these terms and conditions where such failure is due to: a. the act or omission of a third party; or b. some other cause beyond the Promoter’s control, provided that the Promoter took reasonable precautions and exercised due diligence to avoid the failure.

18. The Promoter is Malvern East Hurstmon Pty Ltd ATF Malvern East Hurstmon Unit Trust ABN 60 849 792 619 with respect to the apartments at The International.

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