1. Introduction
Under the Friends of Frasers Programme, Members of the Programme may, subject to these terms and conditions, be eligible to participate in either or both of the Referral Rewards Programme and the Repeat Purchase Rewards Programme.
2. Definitions
In these terms and conditions:
Group means Frasers Riverside Quarter Limited;
Group Development means any of the developments listed in the Schedule to these terms and conditions;
Group Property means a property within the Group Development;
Group Purchase means the exchange of contracts for the purchase of a Group Property;
Member means a person or company that is eligible to participate and participates in either or both of the Referral Rewards Programme and the Repeat Purchase Rewards Programme;
Nominated Store means one of Heals, John Lewis or Selfridges, or as mutually agreed;
Nominee means a person or company (other than a Member) that is nominated and authorised by a participant in the Repeat Purchase Rewards Programme to make a Group Purchase in that participant’s place and/or receive a Reward, and meets the qualifying criteria set out in the “frequently asked questions” section of these terms and conditions;
Nominee Form means a form supplied by the Group to a participant in the Programme for the purposes of nominating a Nominee;
Personal Information means any information relating to a Member;
Programme means the Friends of Frasers Programme and includes the Referral Reward Programme and the Repeat Purchase Rewards Programme;
Rewards means any of the rewards referred to under the Referral Rewards Programme or the Repeat Purchase Rewards Programme;
3. Referral Rewards Program
Eligibility and qualification for the Referral Rewards Programme
You will be eligible to participate in the Referral Rewards Programme if you are:
(1) an individual who has made a previous purchase of a Group Property in your name (alone or jointly with one or more other individuals); or
(2) a company which has made a previous purchase of a Group Property.
To qualify for a Reward in the Referral Rewards Programme you must satisfy all of the following requirements:
(a) you refer another person (an individual or company that is not a Member and is not already known to the Group) to the Group; and
(b) a Group Purchase is made by that referred person; and
(c) you complete and return an Authorised Referrer Form to the Group; and
(d) the Authorised Referrer Form is approved by the Group.
Rewards of the Referral Rewards Programme
If you are eligible to participate and qualify to receive a Reward in the Referral Rewards Programme, you (or, if the participant is a company, any one individual that the company nominates in writing) will be entitled to receive gift vouchers issued by a Nominated Store to the value of £4,000.
4. Repeat Purchase Rewards Program
Eligibility and qualification for the Repeat Purchase Rewards Programme
You will be eligible to participate in the Repeat Purchase Rewards Programme if you are:
(1) an individual who has made a previous purchase of a Group Property; or
(2) a company which has made a previous purchase of a Group Property.
To qualify for a Repeat Purchase Reward you must:
(a) in the case of an individual, make another Group Purchase in your name (alone or jointly with other individuals); or
(b) in the case of a company, make another Group Purchase in the Company’s name or in the name of its Nominee.
Nominee
Where a Nominee is purchasing the Group Property, a Nominee Form must be completed, returned to the Group and approved before there will be an entitlement to a Reward.
Rewards of the Repeat Purchase Rewards Program
If you are eligible to participate and qualify to receive a Reward in the Repeat Purchaser Rewards Programme, you (or if the participant is a company, any individual that the company nominates in writing) will be entitled to receive:
(a) for itself or its Nominee a reduction in the list price of the Group Property under the relevant repeat purchase of such amount as the Group may in its absolute discretion determine; and
(b) gift vouchers issued by a Nominated Store to the value of £5,000.
5. Issue of Reward
If you qualify to receive a Reward in either the Referral Rewards Programme or the Repeat Purchase Rewards Programme, the Reward will only become available after the relevantGroup Purchase has taken place.
6. Group Purchases that do not complete
If, in the time between exchange and completion of a Group Purchase, the contract in respect of that purchase is rescinded or terminated:
(a) you agree to return the unused or partially used gift vouchers to the Group as soon as possible.
(b) You must pay the Group, in the manner the Group directs, any amounts spent using a gift voucher (whether fully or partially spent).
(c) You promise to act in good faith in dealing with the Group regarding the return of the gift voucher in the event that the contract under the relevant purchase is rescinded or terminated.
7. The Group’s Rights
The Group reserves the right to:
(a) cancel the Programme, in whole or in part, at any time and in its absolute discretion upon 1 week’s notice to all Members. Note that Rewards accumulated by Members prior to the cancellation of the Programme may still be honoured at the sole discretion of the Group;
(b) change, amend or vary any of the terms and conditions of the Programme;
(c) change, amend, vary, substitute, withdraw or cancel any reward or the value of any of the Rewards;
(d) change, amend or vary the definition of the Group, Group Development, Group Property, and Nominated Stores;
(e) decline to honour any Rewards accumulated by a Member if in the opinion of the Group the Member has not acted in good faith in relation to any Reward or has otherwise breached any of these terms and conditions; and
(f) exclude a Member from further participation in the Programme for any reason.
8. Member Restrictions
Members must not:
(a) act in any way that breaches these terms and conditions;
(b) abuse, misuse or act otherwise than in good faith in relation to the Programme;
(c) engage in illegal or fraudulent activities;
(d) supply or attempt to supply false or misleading information or representation to the Group; or
(e) sell, assign, transfer or offer to sell, assign, transfer any Rewards or acquire or offer to acquire any Rewards from another Member.
9. Privacy
(a) Each Member agrees to provide the Group with such Personal Information as the Group may reasonably require from time to time in order to participate in the Programme.
(b) If a Member does not provide the Personal Information required by the Group, the Member may not be entitled to participate in the Programme.
(c) The Group will use any Personal Information collected in accordance with the Data Protection Act 1998, for the purpose of administering the Programme, and will not use any Personal Information for any other purpose without the consent of the Member. Personal Information may be transferred to countries outside the European Economic Area, by participating in the Programme you agree to such use and transfer.
10. Tax
(a) Liability for Tax on any Rewards provided to Members in accordance with the Program will be the sole responsibility of the Members.
(b) Members should contact their accountant or taxation advisor if they have any queries relating to the Tax implications of the Program or their financial situation.
10. General Conditions
(a) The Program commences on 1 June 2008 and is ongoing until the Group decides otherwise at its sole discretion.
(b) Employees of the Group are ineligible to participate in the Program.
(c) Family members of Members not listed as purchasers under the relevant Group Development contract are not Members and are therefore ineligible for the Rewards.
(d) The gift voucher referred to under the Rewards will not be paid in cash and is not transferable for cash.
(e) The Group’s decision on all matters pertaining to the Program, including but not limited to any dispute as to the identity of a participant in the Program, is final and binding.
(f) The Group acknowledges that certain laws imply terms, conditions or warranties into contracts for the supply of goods and services which can not be excluded. However, without limiting these non-excludable terms, conditions or warranties, the Group is not liable for any loss or damage suffered by Members resulting from withdrawals, cancellations, variations or changes to the terms and conditions of the Program except for any liability which can not be excluded by law.
(g) The laws applicable in New South Wales govern these terms and conditions. Members and Nominees submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
(h) If any section or part of any section of these terms and conditions is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the section (or where possible, the offending part) is to be severed from these terms and conditions without affecting the enforceability, validity or legality of the remaining sections (or parts of those sections) which will continue in full force and effect.
11. Frequently Asked Questions
If I previously bought a Group Property with another individual, who is eligible for the Rewards?
If you purchased a Group Property in conjunction with other person(s), all the persons appearing on the contract for the previous purchase may be eligible for the Rewards.
For the Referral Rewards Programme, each entity named on the contract as the purchaser on the contract for the previous purchase may be eligible to participate in the Referral Rewards Programme.
For the Repeat Purchase Rewards Programme, only those entities named as both:
(a) the purchaser on the contract for the sale of the Group Property; and
(b) the repeat purchaser, whether directly or as a Nominee, on the contract for the sale of the Group Development,
may be eligible to participate in the Repeat Purchase Rewards Programme.
The Schedule
Group:
Frasers Property Development UK
Group Properties:
Riverside Quarter
Charlesworth House
68 Vincent Square
Stanhope Court
60 – 66 Rochester Row
Annandale House
Drayton Gardens