Terms
and Conditions

How to apply?

A separate application is not required. A purchaser who meets the eligibility criteria above is automatically applicable for the Promotion.

Dates of Promotion

1. The Promotion commences on 17 October 2023 at 9am AEDT and closes 15 December 2023 at 5pm AEDT (Promotion Period).  Any Contracts of Sale entered into after the closing time will not be considered.
2. The Promoter, may at its discretion, extend the Promotion Period by publishing a notice on the Promoter’s Website with the dates of the extended promotion period. These terms and conditions apply to any extended promotion period.

Rental Guarantee

Subject to these terms and conditions, the Promoter will pay the eligible Purchaser an amount excluding GST per year equal to:

a. 5.2% of the purchase price of the Property (excluding GST) as set out in the Contract; plus

b. Council rates and Owners Corporation levies for the Property (excluding GST if any),

in respect of the guaranteed period (being a 12 month period from the date of settlement and apportioned based on the number of days as required), for that month, less any rental paid or payable by a tenant under a tenancy agreement for the Property for that period (Guaranteed Rent).

The eligible Purchaser’s right to receive the Guaranteed Rent will be exclusive to the eligible Purchaser and cannot be transferred to any other party.

Rental Guarantee Offer Process

Subject to these terms and conditions, the Promoter is offering the Guaranteed Rent to eligible Purchasers who have has complied with the following Offer Process:

1. entered into an Contract of Sale during the Promotion Period;
2. pays the deposit, or provides a bank guarantee, in accordance with the terms of the Contract of Sale;
3. effects settlement of the Contract of Sale on the due date; and
4. has complied with all other terms of the Contract of Sale.

The eligible Purchaser is required to disclose these terms and conditions to the lending institution providing finance to the eligible Purchaser to assist with the purchase of the Property as soon as practicable after being provided with these terms and conditions by the Promoter. The eligible Purchaser indemnifies the Promoter and its related entities against all claims, damages, losses, liability or proceedings of any nature arising from any breach of this warranty.

Forfeiture of the Guaranteed Rent

The eligible Purchaser forfeits all their rights to receive the Guaranteed Rent if:

1. these terms and conditions are not satisfied for any reason whatsoever;
2. they fail to settle on the settlement date specified in their Contract of Sale;
3. their Contract of Sale or the Rental Guarantee Deed is terminated for any reason; or
4. the eligible Purchaser is in default or has failed to comply with any term of their Contract of Sale or the Rental Guarantee Deed.   

The eligible Purchaser acknowledges and agrees that if their Contract of Sale does not settle, the Guaranteed Rent is void and is not payable.

Personal Information

The eligible Purchaser acknowledges that it provides certain information to the Promoter to be used by the Promoter for future promotional purposes. An individual’s personal information cannot be disclosed without the individual’s consent.  Personal information will be handled in accordance with the Contract of Sale and the Promoter’s Privacy Policy which can be viewed online at www.vleader.com.au/privacy.

Promoter’s rights reserved

The Promoter reserves the right to exercise its absolute discretion in excluding applications that it considers to be contrary to law.

General

1. The eligible Purchaser acknowledges and agrees that the Promotion is non-transferrable, non-refundable and cannot be exchanged for cash.  All taxes which may be payable as a consequence of receiving or participating in the Promotion are the sole responsibility of the eligible Purchaser.
2. The eligible Purchaser must disclose the contents of this Promotion to any lending institution providing finance to the eligible Purchaser to assist with the purchase of the Property.
3. The Promotion cannot be taken in conjunction with any other offer made by the Promoter from time to time without the Promoter’s prior written approval.
4. The Promotion is not an offer of finance. The Promoter takes no responsibility and is not liable for the purchaser’s stamp duty, strata levies or other tax liabilities or government charges.
5. To the extent permitted by law, the Promoter:
   1. accepts no responsibility for any damage, loss or liabilities that may arise from an eligible purchaser receiving the Guaranteed Rent;
   2. is not liable for any loss or damage whatsoever (including but not limited to direct, indirect, special or consequential loss or loss of damage, revenue or profit) or personal injury suffered or sustained in connection with the Promotion. 
6. If, for any reason whatsoever, the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Promotion, the Promoter reserves its right in its sole discretion to take any action that may be available, subject to State and Territory regulations.
7. To the extent of any inconsistency between these terms and conditions and the Contract of Sale, the Contract of Sale will prevail. 
8. The Promoter reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion for any reason the Promoter’s circumstances change.
9. All other terms and conditions in the Contract of Sale apply.
10. These terms are governed by the laws of the state of Victoria, Australia. 

If you have any queries in relation to any of the above terms and conditions, please contact us by email to [email protected] or on +61 3 9866 6188 .   

Personal Information Collection Statement

Entry into the Newpoint – Rental Guarantee Promotion (Promotion).

As part of entering into a contract of sale to purchase a lot at the Newpoint development and entering into the Promotion, you will need to read and agree to this Personal Information Collection Statement.

This Personal Information Collection Statement relates to the collection of personal information in relation to the Promotion.

The Promotion is operated by SM Danaher Pty Ltd ACN 655 099 997 (we, us or our).

We collect and use personal information about you to engage with you in relation to the Promotion.  We may also use your personal information for related purposes including to request your feedback on the products and services provided by us. 

Wherever possible we will collect personal information directly from you including information that you directly supply when completing a contract of sale.  Such information collected includes your name, phone number, email address, street address and points of identification as evidence of your eligibility to enter into the Promotion.  If you do not provide all the personal information we request from you, you will not be able to take part in the Promotion.

We may disclose personal information about you to third party agents and service providers to assist us in conducting, administering and publicising the Promotion, including delivering the visa card to you, and in the operation of our business to provide the products and services you request.  Your personal information will not likely be disclosed to overseas recipients. 

Our Privacy Policy contains information about how you may request access to and correction of personal information we hold about you, or to make a complaint about an alleged breach of the Privacy Principles.  Our Privacy Policy can be found at www.vleader.com.au/privacy.

You agree to us using your personal information in relation to the Promotion and to promote products and services to you.  If you no longer wish to receive promotional information from us, you may advise us of your wish.  Our Privacy Policy contains information about how you may send your request to us.

If you have any queries about privacy, please contact our Privacy Officer, SM Danaher Pty Ltd ACN 655 099 997 of Level 5, 420 St Kilda Road, Melbourne, VIC 3004, by email [email protected] or by phone +61 3 9866 6188.