Term and Conditions
Retire with Confidence $10,000 Gift Card Promotion
1. For the purposes of the offers referred to in these terms and conditions (Offers), the “Promoter” is Keyton Holding Pty Limited ACN 613 131 187 as trustee for Keyton Trust ABN 44 349 706 307, principal office Level 45, Bourke Place, 600 Bourke Street, Melbourne VIC 3000.
2. The “Retire with Confidence” promotion is available in relation to the independent living units and/or independent living apartments at the following participating villages (each a Village) operated by the Promoter or its related entity (each an Eligible Property):
Participating Villages in New South Wales:
(i) Annesley Bowral
(ii) Coastal Waters
(iii) Dee Why Gardens (excluding Serviced Apartments)
(iv) Little Bay Apartments – only Unit 102
(v) Henry Kendall Gardens (excluding Serviced Apartments)
Participating Villages in Victoria:
(i) Burwood Terrace Apartments – (only independent living apartments)
(ii) Classic Residences Brighton
(iii) Classic Residences Brighton Apartments
(v) Lexington Gardens
(vi) Menzies Malvern
(vii) Peppertree Hill
(viii) Port Phillip Village (excluding Serviced Apartments)
(ix) The Brighton on Bay
Participating Villages in Western Australia:
(i) Parkland Villas Booragoon (including Apartments)
3. The Offers are available only to the following Eligible Buyers (who must be permanent residents of Australia and qualify to live in a retirement village) (Eligible Buyers):
a. The first 18 Eligible Buyers to reserve an Eligible Property in New South Wales from 1 July 2023, as determined by the Promoter; and
b. The first 33 Eligible Buyers to reserve an Eligible Property in Victoria from 1 July 2023, as determined by the Promoter; and
c. The first 4 Eligible Buyers to reserve an Eligible Property in Western Australia from 1 July 2023, as determined by the Promoter, all of whom comply with the remaining terms and conditions in this document. Where two persons reserve one Eligible Property, the reference to Eligible Buyer shall mean both of these persons collectively.
4. To be eligible for the Offers, Eligible Buyers must pay a $1,000 reservation fee and reserve an Eligible Property through an agent of the Promoter by 31 August 2023, and then satisfy the following conditions:
(i) Sign the appropriate residence contracts in the form required by the Promoter in order to allow the Eligible Buyer to reside at the Eligible Property (Contract); and
(ii) Complete settlement of the purchase of the Eligible Property on or before 30 November 2023.
5. Eligible Properties must be purchased at the ‘reserve price’ specified by the Promoter, or higher, in order to qualify for the Offers. Any negotiated sale with the outgoing resident at an amount below the specified ‘reserve price’ will not be eligible for the Offer.
6. The Offers are only available for sales by the Promoter’s sales agents or representatives and is not available for sales by external agents and representatives.
7. The following persons are ineligible for the Offers:
(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. The Offers consist of the Promoter or a related entity providing the Eligible Buyer a “The Card Network” gift card (or similar) (Gift Card) of the value of $10,000, after settlement of the purchase of the Eligible Property has taken place in accordance with these terms and conditions.
9. The Offers commence at 9:00am on 1 July 2023 and close at 5:00pm on 31 August 2023 (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 www.keyton.com.au. References in these terms and conditions to the Campaign Period include any Extended Campaign Period, where applicable.
10. The Offers 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 with the Eligible Buyer, including those documents referred to as the Residence and Management Contract or Lease and Loan Agreement.
11. The Offers are not available where the Eligible Buyer reserves an Eligible Property under the Promoter’s residence contract known as the “Pay As You Go Contract”.
12. Cancelled deposits/reservations or contracts are not eligible for the Offers. The Promoter reserves the right to claim the cost of the Offers in the case of cancellation.
13. The Promoter also reserves the right to claim the cost of the Offers in the case that the Eligible Buyer exercises the Keyton “change of mind guarantee” under the Contract.
14. The Gift Card is not redeemable for cash and is personal to the Eligible Buyer. It cannot be transferred, exchanged or otherwise dealt with. The Promoter is not responsible for any lost or damaged gift cards. The Offers cannot be claimed in conjunction with any other offer or promotion in relation to the Eligible Property.
15. By receiving these terms and conditions, verbally confirming a desire to participate in the Offers and/or accepting the Gift Card, the Eligible Buyer is deemed to have accepted these terms and conditions.
16. The Eligible Buyer will be responsible for complying with the terms and conditions imposed by the issuer of the Gift Card in relation to its storage and use. The Promoter and its related body corporates will not be responsible for any misuse of the Gift Card by the Eligible Buyer and any consequences this may have. The Promoter does not have any direct relationship with the issuer in relation to the Gift Card.
17. 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 Offers. Any condition or warranty which would be implied by law into these terms and conditions is excluded.
18. The Promoter reserves the right to cancel or withdraw the Offers at any time, in whole or in part. Should the Promoter cancel the Offers the Promoter will advertise that the Offers have been cancelled by placing a notice on www.keyton.com.au.