1. Terms and Conditions

1.1. These Terms and Conditions govern the operation and membership of the Maxi Rewards Program (Maxi Rewards Program). Reference to “Resimax” in these Terms and Conditions includes Resimax Group ACN 164 428 942, the subsidiary entities of Resimax Group and also its Program Partners (being an entity with which Resimax has an agreement or arrangement concerning the Membership Benefits).

1.2. Definitions:

1.2.1. Membership Benefits means the benefits detailed in the Schedule of Membership Requirements and Benefits.
1.2.2. Personal Information has the meaning given to that term in the Australian Privacy Act 1988 (Cth) and includes any similarly defined personal information in any other jurisdiction.
1.2.3. Privacy Policy means the privacy policy adopted by Resimax Group, as amended from time to time. A copy is available here.
1.2.4. Program Partners means an entity with which Resimax Group has an agreement or arrangement concerning the Membership Benefits.
1.2.5. Property means a house and land package in which the land is sold by Resimax Group and the house is built by Tick Homes Pty Ltd.
1.2.6. Property Credits means credits that can be applied against the purchase of a Property, as detailed in the Schedule of Membership Requirements and Benefits.
1.2.7. Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth).
1.2.8. Resimax Group means Resimax Group Pty Ltd ACN 164 428 942 and any Related Body Corporate.
1.2.9. Resimax Group Investor means a business unit of Resimax Group and includes events, products or services conducted or offered by Resimax Group.
1.2.10 Schedule of Membership Requirements and Benefits means those requirements and benefits set out in Table 1 below

1.3. These Terms and Conditions are effective as at October 2019 and may be amended by Resimax Group Investor at its absolute discretion from time to time, and the updated the Terms and Conditions will be published on the Resimax Group website.

1.4. By applying to become a member of the Maxi Rewards program, you agree to have agreed to these Terms and Conditions and read and understood the Privacy Policy.

1.5. Resimax will endeavour to give advance notice of changes to the Maxi Rewards Programs via the Resimax website. You may cancel your membership at any time, and upon doing so, you will no longer have access to your membership account or member benefits.

1.6. Additional terms and conditions may apply to earning or redemption with Resimax’s partners and to member activities and transactions. Additional terms and conditions may be notified to members on the Resimax website, on Resimax’s partner websites, in any member communication (such as an email, letter) or other document.

2. Eligibility

2.1. You may become a member of the Maxi Rewards Program from 31 October 2019 if you:

2.1.1. are an individual and aged 18 years or older; or
2.1.2. attend and register at a Property Event organised by Resimax Group; and
2.1.3. meet all other eligibility criteria set out in these Terms and Conditions.

2.2. If you are eligible to become a member of the Maxi Reward Program, and you purchase a property with another individual, you both may be entitled to be a joint member of the Maxi Reward Program.

2.3. You agree to provide Resimax Group Investor with such information as Resimax Group Investor may reasonably request in order to verify your eligibility for any member benefits.

2.4. It is your responsible to ensure your information is correct and complete (via investors@resimaxgroup.com.au) and Resimax is not liable for any incorrect or outdated information you have provided.

2.5. Eligibility for membership is at the ultimate discretion of Resimax.

3. Duration and Renewal

3.1. Membership is for a term of one (1) year from the date of acceptance by Resimax Group Investor.

3.2. Membership is automatically renewed at the discretion of Resimax Group Investor.

3.3. No payment is required on renewal.

3.4. Membership Benefits accrued by the Member are permanent and not subject to renewal or forfeiture except as described below.

3.5. The Member may cancel their membership at any time by emailing written notice to Resimax Group Investor at <investors@resimaxgroup.com.au>.

3.6. For the member to be able to redeem any Membership Benefits, the claim must be made during the period of membership of the Maxi Rewards Program.

4. Membership Levels

4.1. There are various levels of the Maxi Rewards Program, being:

4.1.1. Bronze;
4.1.2. Silver;
4.1.3. Gold;
4.1.4. Platinum.

4.2. Your Membership, including your Membership Benefits, is not transferable unless as expressly provided in writing by Resimax Group Investor.

4.3. You can only have one status level at any one time. Resimax Group Investor may upgrade or maintain a member’s status level in its absolute discretion.

4.4. To satisfy the membership requirements as detailed in the Schedule of Membership Requirements and Benefits, you must fulfil the relevant criteria on or after 31 October 2019. You cannot rely on any prior relationship, including any transaction, with Resimax Group to satisfy any membership requirements.

4.5. To either maintain or upgrade a status level, you must satisfy the membership requirements as detailed in the Schedule of Membership Requirements and Benefits.

4.6. From time to time, Resimax Group Investor may charge fees to members for all or any of the services which are the subject of your membership. We will give you thirty (30) days written notice of the introduction of, or change to, any fees, and also post details on the Resimax Group website.

4.7. You agree that you will act fairly, honestly and reasonably in all matters connected with your application and membership for the Maxi Rewards Program in accordance with these Terms and Conditions, and you will not abuse or misuse any Membership Benefits.

5. Suspension and/or Termination

5.1. Resimax Group Investor does not guarantee that the Maxi Rewards Program will continue indefinitely. Resimax Group Investor may terminate all or part of the Maxi Reward Program and will provide you with at least thirty (30) days’ notice via email. Upon the termination notice being sent, you will not be entitled to receive any Membership Benefit after the termination date, and you will have no claim against Resimax Group for any accrued Membership Benefits.

5.2. You will have until the end of the notice period to redeem your Membership Benefits.

5.3. Resimax Group Investor may, acting reasonably and in accordance with these Terms and Conditions:

5.3.1. suspend or terminate your membership;
5.3.2. cancel or refuse to honour any Membership Benefits that have been redeemed or provided to you; or
5.3.3. make any other decision that Resimax Group Investor determines to be reasonably necessary in the circumstances,
if Resimax Group Investor reasonably believe (in their sole discretion) that you have:

(a) breached these Terms and Conditions;
(b) misrepresented the Resimax Group and/or the Maxi Rewards Program to any potential referral;
(c) paid people to act as referrals to receive a benefit under the Maxi Rewards Program;
(d) provided incorrect or false information regarding your identity or eligibility;
(e) been abusive, discourteous, and/or intimidating to any employee, agent or contractor of the Resimax Group or its Program Partners; and/or
(f) acted in any other manner inconsistent with the intent of the Maxi Rewards Program.

5.4. Resimax Group Investor will give you 14 days’ written notice of its intention to suspend or terminate your membership.

6. Limitation of Liability

6.1. To the maximum extent permitted by law, Resimax Group and its officers, employees, directors or agents exclude all liability for any loss, damage, claim or expense (including but not limited to indirect, incidental, special, punitive or consequential liability, economic loss, loss of profits and loss of opportunity) you may incur or suffer that arises directly or indirectly out of the Terms and Conditions including, without limitation:

6.1.1. any withdrawal, cancellation, variation or change to these Terms and Conditions;
6.1.2. the alteration, termination or suspension of your membership.

6.2. If Resimax Group is liable to you in any way, Resimax Group’s liability will be limited to allocating the number of Property Credits which Resimax Group Investor considers is appropriate in connection with the circumstances in which the relevant claim arose.
6.3. Resimax Group Investor’s decision on all matters relating to the Maxi Rewards Program, including any dispute as to the entitlement to any Membership Benefits, is final and binding.

7. Governing Law

These Terms and Conditions are governed by the law of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of its courts. The governing law will apply irrespective of where you complete your application or where you reside.

8. General

8.1. Nothing in the Terms and Conditions operates to limit or purports to limit any consumer rights which you have, and which cannot be contracted out of.

8.2. Resimax Group’s contracts or arrangements with Program Partners are personal to Resimax Group and are not enforceable by you.

8.3. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction, it shall be read down to the extent necessary to make it legal, enforceable and valid and to the extent it cannot be read down it is to be treated as being severed from these Terms and Conditions. The rest of the Terms and Conditions will not be affected.

8.4. Resimax Group may delegate or sub-contract any of its obligations under the Maxi Rewards Program without notice.

8.5. Any failure or delay by Resimax Group Investor in exercising its rights under these Terms and Conditions does not constitute a waiver. Any wavier by Resimax Group Investor must be in writing and signed by an authorised officer of Resimax Group Investor.

9. Membership Benefits

9.1. Membership Benefits may be amended from time to time without prior notice to the members.

9.2. Membership benefits:

9.2.1. (excluding the cash bonus for referrals) are not convertible into cash; and
9.2.2. have earn methods and redemption methods which may be limited, withdrawn, modified, cancelled, increased or otherwise amended from time to time by Resimax Group Investor, acting reasonably and in accordance with these Terms and Conditions.

9.3. Except as expressly provided in writing by Resimax Group Investor, Membership Benefits may only be provided to you as the owner of the membership who has acquired the eligible goods or services or entered into the eligible transaction.

9.4. If you have any enquiries regarding the allocation of your membership benefits, you are required to contact Resimax Group Investor at <investors@resimaxgroup.com.au>.

9.5. You may request Resimax Group Investor to provide you an eligible Membership Benefit in accordance with the eligibility criteria set out in the Schedule of Membership Requirements and Benefits or on the Resimax Group website from time to time.

9.6. Resimax Group Investor, acting reasonably may from time to time:

9.6.1. make any changes to the Membership Benefits;
9.6.2. withdraw, cancel, substitute, or in any way change any of the Membership Benefits previously advertised, or offered to you;
9.6.3. impose additional restrictions on a Membership Benefit or conditions for obtaining a Membership Benefit; and/or
9.6.4. supply a substitute comparable Membership Benefit from the particular Membership Benefit you have requested, if that particular Membership Benefit is unavailable or no longer practical to provide.

9.7. Where practicable, Resimax Group Investor will provide you with at least sixty (60) days’ notice via email of any action taken under clause 9.6.

9.8. Resimax Group does not accept responsibility for and makes no representation about your tax liability as a result of participating in the Maxi Rewards Program or from using any of the Membership Benefits or using other available program facilities. Members are solely responsible for any taxes, GST, duties, levies, fees or other charges levied or imposed arising from, as a result of or in connection with their participation in the Maxi Rewards Program. Resimax Group Investor recommends that you consult your accountant or tax adviser to ensure you understand possible tax (including stamp duty, capital gains tax and fringe benefits tax) implications, if any, related to your Membership and Rewards.

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i Cash Bonus for Referrals: As a thank you for referring a purchaser to the Resimax Group, if you refer an eligible purchaser to buy a Property, you will be entitled to receive a cash bonus as detailed in the Schedule of Membership Requirements and Benefits at Table 1 , by way of an electronic bank transfer to your nominated bank account upon the referred purchaser having entered into an unconditional contract and the full deposit being paid. Resimax Group’s employees, contractors or agents are not eligible to receive a cash bonus. The cash bonus is payable under the express condition that Resimax Group shall have no liability arising from or in connection with the cash bonus and the member shall indemnify and hold Resimax Group harmless from and against any taxes, duties, charges or other liabilities and claims from third parties, including interest and penalties, arising from or in connection with the payment of the cash bonus.

ii Property Credit: To be eligible to earn ‘Property Credits’:
(a) you must be either a silver, gold or platinum member and you must refer a new purchaser (not an existing member) to purchase a Property.
(b) the value of your Property Credits (as detailed in the Schedule of Membership Requirements and Benefits at Table 1) is determined based on your membership at the time the referred purchaser pays their deposit (not at the time of settlement).
(c) the Property Credits are only valid for your purchases you make after you become an eligible member.
(d) the Property Credits may be applied to a:
(i) discount from the initial land deposit required; or
(ii) rebate towards the final house payment due at settlement of your home.

iii Melbourne Property Tour: If you purchase a Property, you are eligible for a Melbourne Property Tour which includes flights, accommodation and some meals as predetermined by Resimax Group.  Details of the Melbourne Property Tour will be provided to you as inclusions and details may vary between each individual tour.

iv Rebate on Second Purchase: The rebate offered on any Property purchases (as detailed in the Schedule of Membership Requirements and Benefits in Table 1 above) is offered by Resimax Group as a rebate on the final building payment due at the settlement of the construction of the home.

v Annual Gift: The annual gift will be provided to you at on the anniversary of the settlement of your first home you purchased which is eligible under the Maxi Rewards criteria. There will be one annual gift per member per year. The gift is at the discretion of Resimax Group and may alter from year to year.

vi 5-10-20 Guarantee: This Guarantee includes the following benefits:

(a)  5-year price protection – means that if a property you purchased is sold by you for a lower price within 5 years of settlement due to a market downturn then Resimax Group will make up the shortfall with an immediate cash adjustment to you.

(b) 10-year rental guarantee – by keeping the Property rental management in-house (instead of assigning it to a third party), Resimax can select the best tenants and is able to offer a guaranteed minimum rental income for 10 years; and

(c)  20-year structural guarantee – Resimax is confident in the quality of its homes so is able to offer a 20-year structural guarantee (please see terms and conditions as detailed in the domestic building contract).

Further terms and conditions regarding the 5-10-20 Guarantee can be obtained from a Resimax Group sales representative.

vii Annual Trip for Member and Partner: If you purchase a Property and you are a Platinum Member, you are eligible for an annual trip for you and your partner.  This is valid for you and one other adult only and includes flights, accommodation and some meals as predetermined by Resimax Group.  Details of the annual trip will be provided to you as inclusions and details may vary between each annual trip.  The annual trip cannot be exchanged for alternative travel dates, location or arrangements as it will only be offered as predetermined by Resimax Group and the annual trip cannot be transferred to any other person.

viii Rebate on subsequent purchases: If you are a Platinum member and you purchase more than one Property, you may be entitled to a rebate on the purchase of the second Property (the rebate amount is detailed in the Schedule of Membership Requirements and Benefits at Table 1), where:

(a)  the deposit is paid on or after 31 October 2019; and
(b) the rebate amount will be deducted from the final payment due at the settlement of your home.

ix 10% Higher rental guarantee return: This is an additional benefit to Platinum members who purchase and own more than two Properties (where the deposits paid for the Properties are on or after 31 October 2019) and will be applied after the settlement of the second Property.  This 10-year rental guarantee will increase your rental return by 10% for 10 years (for example, if the original rental return was 4% then rental would be increased to 4.4%); and the entitlement to the higher rental return will commence on the settlement of the second Property.