Terms and Conditions
29 February 2016
TURRISI CIRCLE program - Member Terms & Conditions
- These terms and conditions constitute your agreement (“Agreement”) with Turrisiproperty Pty Ltd ACN 132 970 220 trading as Turrisi Properties or its authorised representatives (“Provider”). The Agreement relates to promotions, competitions, prize draws, and privilege transactions (each a “Promotional Activity”) that are conducted by the Provider in connection with the Turrisi Circle Program (“Turrisi Circle Program”) for the purpose of providing Members with access to exclusive benefits (“Benefits”).
- Individuals who join the Turrisi Circle Program and/or redeem Benefits agree to be legally bound by this Agreement.
TURRISI CIRCLE PROGRAM
- The Turrisi Circle Program is a membership program with the purpose of providing participants with certain benefits. Participation in the Turrisi Circle Program is open to all residents and non-residents of Australia, other than employees of the Provider. Entry is not available to persons aged under 18 years of age.
- Entry into the Turrisi Circle Program as a Member is conditional on a participant providing an employee of the Provider with personal details, including and without limitation full name, date of birth, contact phone number, and email address (“Member Details”). Employees of the Provider may request photo identification to verify the identity of the participant at the time of becoming a Member. A participant must have a valid email address to become a Member. A participant may not use multiple email addresses or identities to submit multiple applications to become a Member. Without limiting any part of this Agreement, the Provider may terminate a Member’s membership if it suspects that the Member has improperly submitted multiple entries for either the purpose of holding multiple memberships or any other reason. At all times Members remain responsible for updating their Member Details with the Provider. The Provider will not accept liability for any incorrect Member Details.
- Once a participant has provided Member Details in accordance with clause 4, they will become a member of the Turrisi Circle Program (“Member”). Members will be provided with a keyring (“Turrisi Circle Keyring”). The Turrisi Circle Keyrings provided to Members remain the property of the Provider at all times. One (1) Turrisi Circle Keyring will be issued per Member. Members are not required to hold a Turrisi Circle Keyring to be a Member of the Turrisi Circle Program. The Turrisi Circle Keyrings do not expire. Members must notify the Provider immediately if their Turrisi Circle Keyring is lost, stolen, misplaced or destroyed and until any such time, the Provider will not be held responsible or liable for any authorised or unauthorised transactions.
- You can terminate your membership at any time by providing written notice to the Provider. If a Membership is terminated from the Turrisi Circle Program, all outstanding and future Benefits will no longer be valid and will be rendered null and void.
- Benefits include, without limitation:
- first preview of projects;
- invitations to VIP events; and
- special discounts and offers as determined by the Provider on specific projects.
- Members of the Turrisi Circle Program will be entitled to receive Benefits.
- Members must give their Member Details or present their Turrisi Circle Keyring at the time of entering a Promotional Activity or receiving a Benefit.
- The Provider reserves the right to vary the Benefits at any time and without notice.
- The Provider may notify a Member of the Member’s entitlement to Benefits or otherwise give notice:
- by advertisement in a newspaper circulating throughout Australia;
- by email or sms (to the last known email address or mobile number provided), which you are taken to have received upon the sender receiving confirmation the message has been sent;
- by Turrisi Properties website (www.turrisiproperties.com.au), which you are taken to have received within 5 days of posting on the website; or
- in writing; which you are taken to have received if issued by hand, immediately, or given by post on the earlier of the date of receipt or 3 days after it was sent via post.
- The Provider reserves the right to withdraw, cancel or vary the Benefits without notice and at any time.
- Benefits cannot be sold, transferred or assigned and are not redeemable for cash or any other like instruments, including without limitation, cheques and credit notes.
- All Benefits have an expiry date and at which point they will no longer be available for redemption. The Provider reserves the right to change the expiry date of any Benefit at any time without prior notice.
RIGHTS AND LIABILITIES
- The Provider reserves the right, in its absolute discretion, to exclude or disqualify participants or Members to the Turrisi Circle Program. Without limiting the foregoing, the Provider may do so if a Member does not comply with any provision of this Agreement.
- The Provider reserves the right to make amendments to this Agreement, in which event it will make reasonable endeavors to contact Members or publish details of the amendments on the Provider’s Website. Any modification to this Agreement may be applicable to a Member retrospectively.
- The Provider, reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Turrisi Circle Program at any time.
- The Provider will not accept liability for any email communication to any Member that is misdirected, lost or not received.
- The Provider will not accept liability for any technical issues, including and without limitation the technical malfunction of any telephone network, connection or lines, computer on line systems, servers, providers, computer equipment, software, technical problems or traffic congestion on the internet or at any web site or intranet site, that may cause damage to any computer related to, or used in connection with, the Turrisi Circle Program.
- The Provider will not be liable for any tax liability incurred by a Member in connection with the Turrisi Circle Program, including any tax liability incurred in the provision of Benefits.
- The Provider will not be liable for any other liability, loss or damage incurred or suffered by any Member (or any other person) in connection with the Turrisi Circle Program.
- The Provider will have no liability to any Member if the Member fails to claim a Benefit for any reason, if the Member has provided any incorrect information including without limitation contact or address details, or if the Member is otherwise unable to enjoy the advantage of the Benefit for any reason beyond the control of the Provider.
- A Benefit may be subject to terms and conditions issued by the manufacturer, issuer or promoter of a specific Benefit (“Third Party Provider”). Members agree to be bound by any such terms and conditions. Members agree to use any Benefit only in accordance with any directions of use or terms and conditions issued by the Third Party Provider. Any brands, trademarks, logos, corporate indicia or intellectual property of or relating to Third Party Providers does not necessarily imply any connection between the Provider and the Third Party Provider, or any endorsement or approval of the Benefit by the Third Party Provider.
- The Provider makes no warranties of any kind and does not accept any liability for any negligent act or omission in relation to the Benefits, Promotional Activities, or any goods and/or services offered in the Turrisi Circle Program. All statutory and other warranties, guarantees, promises or representations, however made or given and whether express of implied, as to quality, merchantability or fitness for purpose of any such goods or services are expressly negatived and excluded to the fullest extent permitted by law. This Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, or any other statute, Act or law of the Commonwealth of Australia or any State or Territory thereof which by law cannot be excluded, restricted or modified. Without prejudice to any of the foregoing, if the Provider incurs a liability to any person under such legislation the liability of the Provider is limited to the supply of equivalent goods or services, or the payment of the costs of supplying equivalent goods or services.
- The Terms and Conditions are to be read in conjunction with any additional conditions associated with Benefits. In the event of any discrepancies, the Provider’s decision in its absolute discretion will be final and binding.
- The Provider’s decision in relation to all matters arising in relation to the Turrisi Circle Program is final and binding.
- This Agreement is made in the State of Queensland. It shall be construed in accordance with and shall be governed by the laws for the time being in force in the State of Queensland and the Commonwealth of Australia. You irrevocably submit to and accept the non-exclusive jurisdiction of any of the courts of the State of Queensland in relation to any dispute relating to this Agreement.
- This Agreement is personal to you and you may not assign or novate any of your rights under this Agreement. The Provider may assign this Agreement, the benefit of this Agreement or any of its rights under this Agreement in its discretion. This Agreement, together with any special conditions published by the Provider at any time, forms the entire agreement between you and the Provider with respect to the Turrisi Circle Program. Each provision of this Agreement capable of having effect after termination and each representation and warranty made in this Agreement shall survive the termination of this Agreement.
- You must advise the Provider of any change of name, address or other Member Details as soon as the change occurs.
- All enquiries or communications relating to the Turrisi Circle Program should be addressed to the Provider at the following address:
Turrisiproperty Pty Ltd trading as Turrisi Properties
3A Cambridge Street
WEST END QLD 4101
or by contacting the Provider by phone (07) 3221 5900 or email to [email protected]