Disclaimer – Capricorn Village Joint Venture
1. The details provided on this web site has been compiled for your information only. Capricorn
Village Joint Venture makes no warranties about the accuracy or completeness of any information contained on this web site. You should conduct your own enquiries as to the accuracy of the information provided.
2. Please note that prices displayed anywhere on this website, or shown on related materials, sales plans, downloads or similar materials, are all subject to change without notice.
3. Capricorn Village Joint Venture, including its directors, affiliates, officers, employees, agents, contractors, successors and assigns, will not accept any liability for any loss, damage or other injury resulting from use of this site.
4. Links to other web sites are provided for your convenience and Capricorn Village Joint Venture is not responsible for the information contained on those web sites. The provision of a link to another web site does not constitute an endorsement or approval of that web site, or any products or services offered on that web site, by Capricorn Village Joint Venture. Capricorn Village Joint Venture will not accept any liability for the use of those links to connect to web sites that are not under its control.
5. Capricorn Village Joint Venture, its directors, affiliates, officers, employees, agents, contractors, successors and assigns do not accept any liability:
i. for any investment or other decisions made on the basis of this information. This web site does not constitute advice and should not be taken as such. You must obtain independent professional advice before proceeding with any purchase or other action;
ii. for any damages or losses whatsoever, arising out of, or in any way related to, the use of this site and/or any other site linked to this site.
6. The limitation on liability contained in paragraph 5 applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as to damages for loss of profit, business interruption or the loss of data or information.
7. Nothing in this web site constitutes or is intended to constitute an offer of, or an invitation to purchase, any product or item.
8. Capricorn Village Joint Venture holds the copyright to this web site. Capricorn Village Joint Venture grants you a limited licence to download this web site for personal use only. You are not permitted to reproduce or alter this web site, or any copy of it, for any other purpose without the prior express written consent of Capricorn Village Joint Venture.
9. Capricorn Village Joint Venture regards your privacy as important and will take all reasonable steps to ensure that if you have subscribed to receive notification of web site updates; your e mail address will remain confidential.
10. Capricorn Village Joint Venture reserves the right to make changes, modifications, additions, deletions and corrections to the web site, at any time and without notice.
11. The information shown on this web site has been prepared with care, however it is subject to change and cannot form part of any offer or contract. While every reasonable care has been taken in preparing this information, Capricorn Village Joint Venture or its representative or agent cannot be held responsible for the accuracy of any material herein. Lot information is subject to survey and Titles Office approval and is subject to change by Capricorn Village Joint Venture without notice.
12. The site may contain reference to certain intentions, expectations and plans of Capricorn Village Joint Venture. No representation or warranty, express or implied, is made by Capricorn Village Joint Venture, its officers, employees, agents, consultants or advisers that any intentions, expectations or plans will be achieved either in whole or in part.
Weekly Repayments Disclaimer
The weekly repayments on our website, promotion and emails have been calculated on a 5% deposit, principal and interest loan at a market comparison rate of 4.79% over a 30 year term. This comparison rate is true only for the example given and may not include all fees and charges. Different terms, fees or other loan amounts might result in a different comparison rate. Terms, conditions, fees and charges apply and your full financial situation would need to be reviewed prior to acceptance of any offer or product.
Disclaimer – Collection of personal information
By checking the “I agree to the website terms” button I agree that I would like to receive information about the products and services offered by Atlantis Beach. By providing my personal information, I agree that I may be contacted periodically, including via email and telephone until I inform Capricorn Village Joint Venture otherwise.
Atlantis Beach Spend $10k Your Way Promotion
TERMS AND CONDITIONS
The “Spend $10k Your Way” (Promotion) is subject to the terms and conditions outlined below. The Promotion only applies for a limited time to selected lots within Capricorn Village Joint Venture’s Estate, Atlantis Beach, and these lots are specified on the Website and are, at the commencement of the Promotion Period, the lots referred to in clause 3 (Applicable Lots).
1. PROMOTION DETAILS
In these terms and conditions, and in any marketing material and advertisements relating to the Promotion Atlantis Beach ‘Spend $10k Your Way’, Atlantis Beach means the Capricorn Village Joint Venture entity selling land at the relevant residential community and its related entities (for details of the Capricorn Village Joint Venture entity, contact the Atlantis Beach Administration Team – firstname.lastname@example.org).
The Promotion described in these terms and conditions commences on 5th Feb 2018 at 9.00am (WST) and concludes on 6th April 2018 at 11.59pm (WST) (Promotion Period) unless Applicable Lots are sold prior.
Capricorn Village Joint Venture may alter the Promotion Period at its sole discretion (Altered Promotion Period). Details of any Extended Promotion Period will be posted on the Promotion Website. References in these terms and conditions to the Promotion Period include any Altered Promotion Period, where applicable.
The Promotion is only valid during the Promotion Period unless all lots are sold before the end date. The Promotion details set out in these terms and conditions are correct at the time of their first publication, but may change at Capricorn Village Joint Venture’s absolute discretion at any time.
Capricorn Village Joint Venture will post any changes to the Promotion details (including these terms and conditions) on the Website.
2. PROMOTION OFFER *
Subject to these terms and conditions, a person who enters into a binding contract to purchase a selected Applicable Lot (see clause 3) during the Promotion Period, will receive a $10,000 cash rebate from Capricorn Village Joint Venture following the Settlement of an Applicable Lot by a set Settlement Date. See clause 3 for rebates per product type.
2.1. To be eligible to receive the “Spend $10k Your Way” cash rebate, a Provisional Buyer Signed Contract must be executed by the seller of the Applicable Lot and be valid and binding before 11:59pm on 6th April 2018. In addition, the Provisional Buyer must:
(a) Satisfy any conditions under the Buyer Signed Contract as executed by the seller of the Applicable Lot (Executed Contract) prior to the date for settlement as set out in the Executed Contract (Settlement Date);
(b) Effect settlement under the Executed Contract (Settlement) on the Settlement Date and in any event no later than 22nd June 2018; and
(c) Not transfer the Applicable Lot which is the subject of the Executed Contract to a third party prior to Settlement.
2.2. The seller reserves the right to revoke the cash rebate if the buyer does not satisfy the conditions in clause 2.1 (a)(b) and (c). For example, the Buyer may not be entitled to receive a cash rebate where Settlement does not occur or where Settlement is extended beyond the Settlement Date, whether at the request of or due to the default of the Buyer.
2.3. Upon Settlement of the relevant selected Applicable Lot occurring and the conditions in clause 2 (a)(b) and (c) being satisfied, a cash rebate will be awarded to the Buyer to the value of the agreed amount on the selected lot (see clause 3).
2.4. “Spend $10k Your Way” component is in the form of a Cash Rebate; for the amount specified and agreed in the Promotion Agreement, signed at time of Contract Signing.
2.5. If the name of the Buyer on the Executed Contract is a company or a trustee for a trust, Capricorn Village Joint Venture may require that a representative of the buyer entity be nominated to as the receiver of the cash rebate. That representative must be an officer of the buyer company or a beneficiary of the trust (as applicable).
2.6. Capricorn Village Joint Venture is not liable to reimburse an eligible Buyer for the amount if the money is transferred into a wrong account.
2.7. Eligible Buyers agree not to make any claim or objection against Capricorn Village Joint Venture in relation to the use or attempted use of a cash rebate and agree not to withhold any payment under an Executed Contract.
2.8. In the event of any dispute as to eligibility for the Promotion, eligibility will be determined by Capricorn Village Joint Venture having regard to these terms and conditions, and Capricorn Village Joint Venture’s decision will be final and binding.
2.9. Recipient must be 18 years of age or older to be eligible to participate in the Promotion.
3. APPLICABLE LOTS
3.1. The Promotion only applies to selected lots offered by Capricorn Village Joint Venture for sale at Atlantis Beach in the Mulloway and Constellation Releases (Applicable Lots) available from 5th Feb 2018 to 11.59pm on 6th April 2018.
3.2. Capricorn Village Joint Venture reserves the right to change the Applicable Lots during the Promotion and to withdraw any Applicable Lot from the Promotion provided that a Selected Applicable Lot has not become subject to a binding Executed Contract during the Promotion Period. Selected Applicable Lots which become subject to an Executed Contract during the Promotion Period will be removed from the Promotion but may be re-listed as Applicable Lots at Capricorn Village Joint Venture’s absolute discretion if the sale does not proceed.
4.1. The Promotion cannot be used in conjunction with any other promotion or offer relating to an Applicable Lot, unless otherwise agreed by Capricorn Village Joint Venture.
4.2. By delivering to Capricorn Village Joint Venture a Buyer Signed Contract for an Applicable Lot, that person is deemed to have accepted these terms and conditions.
4.3. The Promotion may be withdrawn at Capricorn Village Joint Venture’s discretion, and these terms and conditions may be amended by Capricorn Village Joint Venture, at any time during the Promotion Period.
4.4. Failure by Capricorn Village Joint Venture to enforce any of its rights under these terms and conditions or an Executed Contract does not constitute a waiver of those rights.
4.5. Capricorn Village Joint Venture will not be liable for any loss or damage suffered or incurred by any person who relies upon the information in any advertisement relating to the Promotion or participates in the Promotion (except for any liability which cannot be excluded by law), nor for any restriction of Capricorn Village Joint Venture’s ability to provide any aspect of the Promotion as a result of the act of any third party, its employees or agents.
4.6. Nothing in these terms and conditions or any Executed Contract limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or other consumer protection laws in Western Australia which cannot be contracted out of (Non-Excludable Guarantees).
4.7. Except for any liability that cannot by law be excluded, including the Non- Excludable Guarantees, Capricorn Village Joint Venture (including its respective officers, employees and agents) will not be liable for any liability, for any personal injury, or any loss or damage, whether direct, indirect, special or consequential, arising in any way out of the Promotion.
4.8. Capricorn Village Joint Venture gives no warranty and makes no representation as to the accuracy or sufficiency of any description, illustration, photograph or statement contained in any advertisement, or any information or statements made or given by its employees, agents or contractors concerning the Promotion, and will not be liable for any loss or damage suffered or incurred by any party who relies upon the information in any such advertisement, publication or statement except for any liability which cannot be excluded by law.
5.1. To conduct the Promotion, Capricorn Village Joint Venture is collecting personal information associated with the Promotion to assist in providing the products or services a person has requested (if any), and to improve its products and services. Capricorn Village Joint Venture may use the information for promotional, marketing, publicity, research and profiling purposes, and may be in touch by any means (including telephone, email or SMS) at any time to let a person know about products, services or promotional activities which may be of interest until that person informs Capricorn Village Joint Venture otherwise.
5.2. Capricorn Village Joint Venture may share personal information with\ persons or entities who assist it in providing its products or services or running competitions or trade promotions. Capricorn Village Joint Venture may also disclose personal information to third parties as required or authorised by law.
5.3. If a person does not want to be contacted by Capricorn Village Joint Venture for future commercial communications, they should contact Atlantis Beach on 08 9561 1700 or by email to email@example.com and Capricorn Village Joint Venture will ensure that their personal information is not used for that purpose.