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Privacy Policy – Terms and Conditions

Builder Referral – Terms & Conditions:

  1. TERMS AND CONDITIONS
  2. The Promotion
  3. 1.1 By entering, or otherwise participating in, the Riverdale Village Builder Referral Promotion (“Promotion”) you are deemed to have read and accepted these Terms and Conditions. If you do not agree with these Terms and Conditions, you should not enter or participate in the Promotion.
  4. 1.2 The promoter is YourLand Realty Pty Ltd ACN 635 068 932 of Suite 1.04, Level 1, 68 Clarke Street, Southbank VIC 3006 (“Promoter”).
  5. 1.3 The Promotion commences at 9:00am AEST on 3 October 2023 and closes on 11.59pm AEST on 20 December 2023 (“Promotion Period”).
  6. 1.4 The Promoter reserves the right to vary the terms of, or cancel, the Promotion at any time without liability to any participant or other person, subject to applicable laws.
  7. Conditions of Entry
  8. 2.1 Employees, directors and other representatives of the Promoter are ineligible.
  9. 2.2 Incomplete entries may be deemed to be invalid at the discretion of the Promoter.
  10. 2.3 There is a limit of one (1) entry per person, per purchase.
  11. 2.4 The Promoter is not responsible or liable for any attempted entries that are not received for any reason, illegible entries, incorrect transcription of entry information, technical failures of any kind in relation to entry to the Promotion, the unavailability of any service in relation to entry to the Promotion, third party interference and technical or human error in relation to the administration of the Promotion. Late entries will not be accepted.
  12. Eligibility
  13. 3.1 To enter the Promotion:
  14. (a) you must complete in full (including your details and the individual’s details that you are referring (“Referee”)) and deliver the attached referral application
  15. form (“Application Form”) to the Riverdale Village Sales Team by way of email to hello@riverdalevillage.com.au prior to the end of the Promotion Period; and
  16. (b) the Referee must:
  17. (i) have signed a contract of sale for a TITLED block of land within Riverdale Village Estate (in the form to be provided by the Promoter) and have that contract become unconditional prior to the end of the Promotion Period (“Referee Contract of Sale”);
  18. (ii) have completed the cooling off period under the Referee Contract of Sale prior to the end of the Promotion;
  19. (iii) comply with all terms and conditions set out in the Referee Contract of Sale at all times prior to settlement;
  20. (iv) complete settlement in accordance with the terms and conditions set out in the Referee Contract of Sale; and
  21. (v) not already exist on the Riverdale Village database at the time of the referral.
  22. (c) you must be an authorised representative of a registered builder within the State of Victoria at the time of making the referral.
  23. 3.2 By signing and delivering the Application Form in accordance with clause 3.1(a) of these Terms and Conditions, you and the Referee agree to these Terms and Conditions.
  24. 3.3 If more than one individual is listed as the purchaser in the Contract of Sale, this is deemed to be one entry for the purpose of the Promotion.
  25. Rebate
  26. 4.1 The Rebate consists of a one off payment in the form of a Visa Gift Card for the value of five thousand dollars (AUD $5,000.00) inclusive of GST (“Rebate”).
  27. 4.2 The Promoter will arrange for the Rebate to be delivered to you within 60 days of settlement of the Referee Contract of Sale.
  28. 4.3 The Rebate is not exchangeable for any other goods or services.
  29. 4.4 The issuer of the Visa Gift Cards has its own terms and conditions governing the use, expiry, and transferability of the gift card. The Promoter makes no warranty as to the terms contained in the issuer’s policies. Participants must make their own enquiries with the issuer of a gift card.
  30. General
  31. 5.1 To the extent permitted by law, the Promoter excludes all liability for any personal injury, loss or damage in any way arising as a result of entry or participation in the Promotion or receiving the Rebate or any aspect of the Promotion or the Rebate.
  32. 5.2 The Rebate is subject to availability. The Promoter reserves the right to amend, withdraw or substitute the Rebate or any component of the Rebate in the event of any unforeseen circumstances outside its reasonable control.
  33. 5.3 The Promoter expressly denies and excludes all representations about the Promotion or the Rebate except as set out in these Terms and Conditions.
  34. 5.4 The Promoter’s decision is final and no correspondence will be entered into.
  35. 5.5 The Promoter is not responsible for any tax implications that may arise from receiving the Rebate. Independent financial advice should be sought in relation to receipt of the Rebate.
  36. 5.6 The Promoter reserves the right to verify the validity of entries and reserves the right to disqualify any person who is in breach of these Terms and Conditions or has engaged in any improper conduct in connection with the Promotion in its absolute discretion.
  37. 5.7 The Promoter will collect personal information of both you and the Referee to conduct the Promotion. The Promoter will conduct the promotion in accordance with the Promoter’s Privacy Policy which is available here
  38. 5.8 Entrants consent to the Promoter using their name, image and/or voice, including a photograph or recording, in any media for an unlimited period without remuneration for the purpose of promoting the Promotion, future promotions and/or the Promoter.
  39. 5.9 The Promotion shall be governed by the laws of Victoria, Australia

Terms and Conditions

‘Titled Block’ Refer a Friend Promotion – Riverdale Village

  1. The Promotion
  1. By entering, or otherwise participating in, the “Refer A Friend” Promotion (“Promotion”) you are deemed to have read and accepted these Terms and Conditions. If you do not agree with these Terms and Conditions, you should not enter or participate in the Promotion.
  1. The promoter is YourLand Realty Pty Ltd ACN 635 068 932 of Suite 1.04, Level 1, 68 Clarke Street, Southbank VIC 3006 (“Promoter”).
  1. The Promotion commences at 9:00am AEST on Tuesday 3rd October 2023 and closes on 11.59pm AEST on Wednesday 20th December 2023 unless lots sold prior or extended at the discretion of the Developer (“Promotion Period”).
  1. Subject to these Terms and Conditions, a person (You) who refers a new purchaser (New Purchaser) to purchase a Titled lot in Stage 23 in the Riverdale Village Estate (Riverdale Village Lot) will be eligible to receive the amount of $2,000.00 in the form of a Visa debit card or similar (Referral Fee) from the Developer (or its nominee).
  1. Subject to these Terms and Conditions, a New Purchaser will be eligible to receive the amount of $2,000.00 in the form of a Visa debit card or similar (Purchase Gift).
  • Eligibility
    • To enter the Promotion:
  1. You must submit your details and the details of a New Purchaser in the form available via email to hello@riverdalevillage.com.au before the New Purchaser enters into a contract to purchase a Riverdale Village Titled Lot (Contract); and
  • The New Purchaser must:
  1. not be registered on the Riverdale Village database at the time of the referral;
  1. have signed a contract of sale for a Riverdale Village Lot (in the form provided by the Developer) and have that contract become unconditional prior to the end of the Promotion Period (New Purchase Contract);
  1. comply with all terms and conditions set out in the New Purchase Contract at all times prior to settlement; and
  1. complete settlement in accordance with the terms and conditions set out in the New Purchase Contract on the date for settlement set out in the New Purchase Contract.
  • Purchase Gift and Referral Fee
    • The Developer will arrange for the Referral Fee and Purchase Gift to be issued to You and the New Purchaser respectively within 60 days of settlement of the New Purchase Contract provided all eligibility criteria are met.
  • Only one Purchase Gift will be issued per New Purchase Contract. If there is more than one individual listed as the purchaser in the New Purchase Contract, one Purchase Gift will be issued jointly to all purchasers listed. 
  • Only one Referral Fee shall be payable by the Developer (or its nominee) in respect of any one Riverdale Village Lot. In the event of more than one person referring a New Purchaser to purchase a Riverdale Village Lot, the Referral Fee shall be paid to the person who first referred the New Purchaser in accordance with these Terms and Conditions.
  • The right to receive the Purchase Gift is personal to the New Purchaser and may not be assigned to any other party, including any nominated purchaser of a Riverdale Village Lot, except with the prior written consent of the Developer.


4. General

    • The Developer reserves the right to alter these Terms and Conditions or withdraw the “Refer A Friend” promotion at any time during the Promotion Period. The “Refer A Friend” promotion is not to be applied in conjunction with any other promotion run by the Developer.
  • Despite any term to the contrary, if a New Purchaser does not do all things reasonably necessary to effect settlement of the Contract of Sale on the original settlement date as defined in the New Purchase Contract, they will not be eligible to receive the Purchase Gift.
  • The issuer of the Visa Gift Cards has its own terms and conditions governing the use, expiry, and transferability of the gift card. The Promoter makes no warranty as to the terms contained in the issuer’s policies.  Participants must make their own enquiries with the issuer of a gift card.
  • To the extent permitted by law, the Developer excludes all liability for any personal injury, loss or damage in any way arising as a result of entry or participation in the Promotion or receiving the Referral Fee or Purchase Gift or any aspect of the Promotion or the Referral Fee or Purchase Gift.
  • The Developer expressly denies and excludes all representations about the Promotion or the Referral Fee or Purchase Gift except as set out in these Terms and Conditions.
  • The Developer will collect personal information of both You and the New Purchaser to conduct the promotion. The Developer will conduct the promotion in accordance with the Developer’s Privacy Policy which is available at www.riverdalevillage.com.au

Disclaimer

This website has been prepared by or on behalf of Yourland Management Pty Ltd (ACN 151 294 852) and APD Projects Pty Ltd (ACN 160 512 452) (collectively “the Developers”) for the information of potential purchasers to assist them in deciding if they wish to make further enquiries about a property. This website does not constitute an offer or contract of sale and does not form part of any contract of sale. The Developers and their agents, officers and employees do not warrant the quality, accuracy or completeness of any information on this website. Potential purchasers undertake responsibility for assessing the accuracy of its content and should not rely on any material, photographs or artists impressions as a statement or representation of fact. Whilst every care has been taken in preparing this website, all details including dimensions, sizes and location of lots or other parts of the development may change. The prices and availability of lots in the Riverdale Village Estate are also subject to change without notice.

Details of any houses (including specifications and inclusions) depicted are based on information provided by the relevant builders. All drawings, plans and images are indicative only, subject to change and may not be to scale. All purchasers must refer to the relevant builder of the homes depicted for further information (including details of all applicable prices).

From time to time, the Developers may facilitate advertising of third party products or services on its website. The Developers do not endorse the products or services advertised by those third parties and provide no warranty whatsoever as to the quality, accuracy or suitability of those products and services. By accessing this website you undertake responsibility for assessing the accuracy and suitability of any third party advertisement or material.

The Developers may provide links to other websites that may be of interest to potential purchasers. While the Developers provide those links in good faith, they do not endorse or guarantee the content on those websites and will not be liable for any loss or damage suffered as a result of any reliance on, or access to, that content.

Privacy Policy

Overview

This privacy policy (“Privacy Policy”) sets out how Yourland Management Pty Ltd ACN 151 294 852 trading as Yourland Development and our related bodies corporate (“we”,”our”,”us”) collect, store, use, protect, share and disclose your personal information. It applies to this website and all related websites, web and mobile applications, services and tools (together the “Website”). By visiting or using the Website you agree to the collection, storage, usage and disclosure of your personal information by us in the manner described in this Privacy Policy.

From time to time we will review our Privacy Policy. We will notify you about any changes to our Privacy Policy at any time by posting an updated version of the Privacy Policy on the Website.

Personal information

‘Personal information’ is any information or an opinion about an identified individual or an individual who can be reasonably identified from the information or opinion. Information or an opinion may be personal information regardless of whether it is true.

How we collect personal information

We collect personal information in a number of ways, including:

  • when you provide information directly to us through the Website, in person, by phone or in writing (whether by email, during face to face meetings, when you make an offer to acquire property from one of the estates we manage or when you register your interest on our Website for property or events);
  • when you visit and/or use the Website, in which case we record information sent to us by your computer, mobile device or other device you are using to access the Website;
  • by dealing or contracting with us; and
  • from third parties such as related entities and representatives (including during conversations between you or your agents and our representatives or agents), service providers to us, operators of linked websites, applications and advertising on the Website.

In some circumstances, personal information is provided to us by third parties or other organisations conducting activities on your behalf. With your expressed or implied consent, your personal information may be used and disclosed to us this way.

What personal information we collect and hold

We may collect the following types of personal information in order to provide you with our services (“Services”):

  • contact details including your name, address, email and telephone numbers;
  • details of your agents and service providers such as your lawyer or finance provider;
  • dates of birth, gender and information to verify your identity;
  • bank account details, credit card details and other financial details;
  • details of products and services that we previously supplied to you or which you have enquired about, together with any other information we require to deliver those products;
  • personal information from your interaction with the Website and its content, our Services and our advertising, including without limitation device identifiers, device type, geo-location information, connection information, statistics on page views, traffic to and from the Website, mobile network information, time, date, referring URL, the type of operating system and browser, ad data, IP address and standard web log data; and
  • any other information we consider may assist us in providing or marketing our Services.

We understand the importance of protecting children’s privacy. The Website including related sites such as our Facebook, Twitter, Snapchat, LinkedIn or other social media pages are not intentionally designed for or directed at children.

Generally we do not collect sensitive information as defined under the Privacy Act 1998 (Cth) (Privacy Act). If we do collect this information, we will only do so with your consent.

Automatic Collection of your Personal Information

When you visit or use our Website, our Internet Service Provider automatically records the following information about you:

  • your server address;
  • the website you visited immediately prior to ours;
  • your domain name;
  • date and time of your visit to our Website;
  • pages you accessed and the information or documents you downloaded;
  • type of browser you used; and
  • any other information we request our Internet Service Provider to record from time to time.

How personal information is used
Our principal purpose in collecting, using and storing your personal information is to provide the Services in a personalised, safe and efficient manner. You consent to us collecting, using, storing, sharing and disclosing your personal information to:

  • provide you with an appropriate product or service ;
  • send marketing communication to you regarding new estates, developments and investment opportunities that we manage which may be of interest to you;
  • conduct our business, generate content and provide customer support and payment options;
  • to provide your updated personal information to our related bodies corporate, contractors, franchisees, franchisees’ real estate agents and employees or service providers;
  • provide, administer, market and manage the Services;
  • research, develop and improve the Services;
  • communicate with you;
  • provide you with access to protected areas of the site;
  • conduct surveys to determine use and satisfaction with the Services;
  • detect, investigate and prevent potentially unlawful acts or omissions or acts or omissions with the potential to breach our Terms of Use, this Privacy Policy or any other policy;
  • enforce our Terms of Use, this Privacy Policy or any other policy;
  • verify information for accuracy or completeness (including by way of verification with third parties);
  • comply with our legal obligations, a request by a governmental agency or regulatory authority or legally binding court order and to assist the Office of the Australian Information Commissioner (Commissioner), and government and law enforcement agencies or regulators (including as required under the Privacy Act);
  • combine or aggregate your personal information with information we collect from third parties and use it for the purposes set out this Privacy Policy;
  • aggregate and/or make anonymous your personal information, so that it cannot be used, whether in combination with other information or otherwise, to identify you;
  • resolve disputes and to identify, test and resolve problems;
  • notify you about the Website and updates to the Website from time to time;
  • supply you with generalised, targeted or personalised marketing, advertising and promotional notices, offers and communications, and measure and improve our marketing, advertising and promotions based on your preferences; or
  • protect a person’s rights, property or safety.

If you access the Website from a shared device or a device of a third party (such as in an internet café), your personal information may also be available to other persons who access that device.

Disclosure of personal information

We may disclose your personal information to third parties for the purposes contained in this Privacy Policy, including without limitation to:

  • our representatives and your authorised representatives including agents;
  • related body corporates;
  • service providers for the purposes of operation of our website or our business, fulfilling requests by you, and to otherwise provide products and services to you including, without limitation, web hosting and web service providers, IT systems administrators, mailing houses, couriers, payment processors, network service providers, text messaging providers, satellite communication providers, data entry service providers, electronic network administrators, debt collectors, utilities providers, and professional advisors such as accountants, solicitors, business advisors and consultants and other third party providers deemed necessary for the Services to operate;
  • other companies or individuals who may assist us in providing you with an appropriate product such as real estate agents;
  • individuals and companies that engage our services in relation to the relevant estate;
  • our related bodies corporate;
  • our professional advisors, auditors and insurers;
  • third parties to whom you expressly ask us to send, or consent to us sending, your personal information;
  • third parties where:
    • we are required or authorized by law to do so, such as government and regulatory authorities and other similar organisations; and
    • we are otherwise permitted or requested to disclose the information under the Privacy Act;
  • such entities that we propose to merge with or be acquired by.

We will take reasonable steps to ensure that anyone to whom we disclose your personal information respects the confidentiality of the information and abides by any applicable privacy laws. In the event we use any of your data for commercial use, the use of your data will be anonymised.

We will not share, sell, rent or disclose your personal information in ways different from what is disclosed in this Privacy Policy.

If we can’t collect your personal information

If you do not provide us with the personal information we have requested, we may not be able to provide you with an appropriate product or fulfil one of our primary functions and activities.

Overseas disclosure

Some of our service providers are located overseas. As a result, some of the personal information we collect and hold may be disclosed to overseas recipients including those operating in a foreign jurisdiction for the purposes identified above. Others to whom we disclose personal information are required to maintain confidentiality over the personal information we hold.

We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.

We may disclose your personal information to entities within Australia who may store or process your data overseas. In the event that a disclosure is made in an overseas country (which we consider unlikely), the information will not be protected by the Australian Privacy Principles. In any event, by providing your details, you consent to your information being disclosed in this manner.

Use of Cookies

We (or a third party providing services to us) may use cookies, pixel tags, “flash cookies”, or other local storage provided by your browser or associated applications (each a “Cookie” and together “Cookies”). A Cookie is a small file that may be placed on your computer when you visit the Website. Cookies are used on some parts of the Website. Most browsers now recognise when a cookie is offered and permit you to refuse or accept it. If you are not sure whether your browser has this capability, you should check with the software manufacturer, your company’s technology help desk or your internet service provider. If Cookies are disabled, we may not be able to provide you with the full range of our Services.

Cookies may collect and store your personal information. This Privacy Policy applies to personal information collected via Cookies. You consent and acknowledge that we collect your personal information through Cookies.

Cookies may be used to provide you with the Services, including to identify you as a user of the Website, remember your preferences, customise and measure the effectiveness of the Website and our promotions, advertising and marketing, analyse your usage of the Website, and for security purposes.

You also may encounter Cookies used by third parties and placed on certain pages of the Website that we do not control and have not authorised (such as webpages created by another user). We are not responsible nor liable for the use of such Cookies.

The Website is hosted by an online service provider which may change from time to time.  Our service providers’ use of Cookies is not covered by our Privacy Policy.

Storage and security

We store, protect and process your personal information by taking reasonable steps. The reasonable steps we take include protecting the information from misuse or loss and from unauthorised access, modification or disclosure. Where we no longer require your personal information, we will take reasonable steps to destroy it.

The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Access to information

Subject to the Privacy Act, you may request to access the personal information we hold about you by emailing us at the address listed under “Contact Us” below. All requests for access will be processed within a reasonable time.

In certain instances we may not be required or able to provide you with access to your personal information.  If this occurs we will give you reasons for our decision not to provide you with such access to your personal information in accordance with the Privacy Act.

There is no application fee for making a request to access your personal information.  However, we may charge an administrative fee for the provision of information in certain circumstances such as if you make repeated requests for information or where the information is held by a third party provider.

We endeavour to ensure that the personal information it holds is accurate, complete and up-to-date. If you believe the personal information we hold is inaccurate, please let us know and generally we will amend it upon request. If we disagree with your request, we will only do so on reasonable grounds and we will let you know the reasons for the refusal.

Notifiable DATA BREACHES

In the event that there is a data breach and we are required to comply with the notification of eligible data breaches provisions in Part IIIC of the Privacy Act or any other subsequent sections or legislation which supersede this Part IIIC, we will take all reasonable steps to contain the suspected or known breach where possible and follow the following process set out in this clause.

If we have reasonable grounds to suspect that there has been an eligible data breach or if we are directed to do so by the Commissioner, then we will :

  • take all reasonable steps to ensure an assessment is completed within 30 days of the breach or sooner if possible. We will follow the guide published by the Commissioner (if any) in making this assessment; and
  • if required, prepare a statement that sets out the description of the eligible data breach and the particular kinds of information concerned, as well as any recommendations that individuals should take in response. We will follow all requirements as set out under the Privacy Act.

If we take remedial action and reasonably determine that the data breach is not likely to result in serious harm to any individuals involved or any remedial action we take is successful in making serious harm no longer likely, then no notification or statement will be made (unless we are otherwise directed to by the Commissioner).

Where, following an assessment and undertaking remedial action (if any), we still have reasonable grounds to believe serious harm is likely, as soon as practicable, we will provide the statement to each of the individuals whose data was breached or who are at risk. We will also provide a copy of the statement to the Commissioner.

We will then review the incident and take action to prevent future breaches.

We will if required by the Commissioner under the Privacy Act:

  • give information of the kind specified in the notice to the Commissioner that relates to the matter; or
  • produce documents of the kind specified in the notice to the Commissioner that relate to the matter; or
  • answer questions of the kind specified in the notice to the Commissioner that relate to the matter.

Direct marketing materials

We may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list.

Complaints

If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it. We will deal with the complaint in accordance with our then current complaints handling procedure.

Links

The Website may also include links to third party websites (including links created by users or members) and applications and advertising delivered to the Website by third parties (“Linked Sites”). Organisations who operate Linked Sites may collect personal information including through the use of Cookies. We are not responsible nor liable for Linked Sites and recommends that you read the privacy policies of such Linked Sites before disclosing your personal information. For the avoidance of doubt Linked Sites are not subject to this Privacy Policy.

Contact Us

If you have any questions about this privacy policy, any concerns or feedback regarding the treatment of your privacy, please use the contact link on our website or contact our Privacy Officer using the details set out below.

We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in timely and appropriate manner.

Please contact our Privacy Officer at:

Privacy Officer

Post: 57A Queen Street, Bendigo VIC 3550

Email: bendigo@yourland.com

Further Information

If we do not resolve your enquiry, concern or complaint to your satisfaction or you require further information in relation to any privacy matters, please contact the Office of the Australian Information Commission at:

Telephone: 1300 363 992

Email: enquiries@oaic.gov.au

Office Address: Level 3, 175 Pitt Street, Sydney NSW 2000

Postal Address: GPO Box 5218, Sydney NSW 2001

Website: www.oaic.gov.au

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