Sherwin Rise Retirement Village
$10,000 purchase price rebate offer
Terms and Conditions
1. For the purposes of the offer referred to in these terms and conditions, the “Promoter” is Keyton Management Services Pty Ltd as trustee of the Keyton Management Services Trust ABN 27 588 373 389, Registered office Level 45, Bourke Place, 600 Bourke Street, Melbourne VIC 3000.
2. The terms and conditions of this Promotion are governed by the laws of Victoria and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria.
3. We note the terms of this offer are current as of 10 November 2023 and supersede and replace the terms and conditions offered by Keyton under any previous offer, to the extent of any inconsistencies.
4. The Offer closes at the earliest of 5:00pm on 31 January 2024 or on the sale of all Eligible Properties (Campaign Period). The Promoter may extend the Campaign Period at its sole discretion (Extended Campaign Period). Details of any Extended Campaign Period will be posted on https://keyton.com.au/home/$10k-sales-promo-sherwin-rise. References in these terms and conditions to the Campaign Period include any Extended Campaign Period, where applicable.
5. The Offer is available only to the first 7 buyers (who must be residents of Australia) who pay a $5,000 reservation fee and reserve an Eligible Property through an agent of the Promoter within the Campaign Period referred to below (Eligible Buyer), and then satisfy the following conditions:
(i) Sign the appropriate residence agreements in the form required by the Promoter in order to allow the Eligible Buyer to reside at the village (Agreement) within 30 days of receipt; and
(ii) Complete settlement of the Eligible Property on or before 29 February 2024.
6. The Offer is available only to the first two (2) buyers (who must be residents of Australia) who pay a $5,000 reservation fee and reserve an Eligible Property through an agent of the Promoter within the Campaign Period referred to below (Eligible Buyer), and then satisfy the following conditions:
7. The Offer is only available for sales by the relevant Promoter’s sales agents or representatives and is not available for sales by external agents and representatives. The following persons are ineligible for the Offer:
(i) employees of:
a. the Promoter; and
b. the Promoter’s related bodies corporate (as that expression is defined in the Corporations Act 2001 (Cth)) and associated agencies, companies and contractors; and
(ii) members of the Immediate Families of the employees referred to in the preceding sub-paragraph, where “Immediate family” means any of: a spouse or domestic partner, ex- spouse or ex-domestic partner, de-facto spouse or ex-de-facto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or first cousin.
8. Subject to the Eligible Buyer’s strict compliance with these terms and conditions, the Promoter will pay to the Eligible Buyer a purchase price rebate of $10,000 for the Eligible Property purchased by the Eligible Buyer during the Campaign Period (Promotion Reward). The Promoter will provide the Promotion Reward by way of a reduction of the purchase price payable by the Eligible Buyer at settlement.
9. The Offer or the Promotion Reward will not vary the definition or amount payable as the “purchase price”, “ingoing contribution” “loan amount” or equivalent under any contract or other disclosure document provided to and/or entered into by the Promoter or its related body corporate and/or the Eligible Buyer, including those documents referred to as the Residence and Management Contract, Lease and Loan Agreement.
10. This Offer is not available where the Eligible Buyer reserves an Eligible Property under the Promoter’s residence agreement known as the “Pay As You Go Contract”.
11. This Offer is not available where the Eligible Buyer reserves an Eligible Property as a part of the “Easy Moves” process provided by the Promoter.
12. Cancelled deposits/reservations or contracts are not eligible for the Offer. The Promoter reserves the right to claim the Promotion Reward in the case of cancellation.
13. The Promoter reserves the right to recover the full amount of the Promotion Reward from the Eligible Buyer if the Eligible Buyer exercises the ‘Change of Mind Guarantee’ under the residence contract (Agreement) within the first 6 months of the Eligible Buyer occupying the Eligible Property.
14. The Promoter reserves the right to withdraw any Eligible Property from the Promotion during the Campaign Period provided that an Eligible Buyer has not delivered either a written offer to purchase or an executed agreement (as contemplated at paragraph 5(i)) in respect of the relevant Eligible Property. Eligible Properties which become subject to an agreement during the Campaign Period will be removed from the Promotion but may be re-listed as Eligible Properties during the Campaign Period at the Promoter’s absolute discretion if the sale does not proceed.
15. The Promotion Reward is personal to the Eligible Buyer and the Eligible Buyer may not transfer or otherwise deal with its right to receive the Promotion Reward to any other person.
16. By receiving a copy of these terms and conditions, verbally confirming a desire to participate in the Offer and/or accepting the Promotion Reward, the Eligible Buyer is deemed to have accepted these terms and conditions. The Promoter will not be obliged to pay the Promotion Reward to the Eligible Buyer if the Eligible Buyer does not strictly satisfy all of these terms and conditions. For example, the Eligible Buyer will not be entitled to receive the Promotion Reward where settlement of the agreement does not occur by the date prescribed in the agreement, or where settlement is extended beyond the settlement date prescribed in the agreement (where such extension is at the request of, or due to the default of, the Eligible Buyer).
17. Failure by the Promoter to enforce any of its rights under these terms and conditions or an agreement does not constitute a waiver of those rights.
18. Any amounts referred to in this document include any GST, unless expressly stated otherwise.
19. Nothing in these terms and conditions is intended to exclude, restrict or modify rights which the Eligible Buyer 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 Offer. Any condition or warranty which would be implied by law into these terms and conditions is excluded.
20. The Promoter reserves the right to cancel or withdraw the Offer at any time, in whole or in part. Should the Promoter cancel the Offer the Promoter will advertise that the Offer has been cancelled by placing a notice on https://keyton.com.au/home/$10k-sales-promo-sherwin-rise