Property Xclusive

Terms & Conditions

PROPERTY XCLUSIVE – Terms & Conditions and Website Terms of Use Property Xclusive Pty Ltd (ABN 35 001 723 737) Operated by: Property Xclusive Pty Ltd Website: www.propertyxclusive.com.au Email: support@propertyxclusive.com.au

These Terms & Conditions govern the use and participation in Property Xclusive memberships, partner benefits, promotional activities and events. Specific business and trade promotions are governed by the Promotion Schedule included within this document.

Your use of the site and or the services, or the purchase of any of our loyalty memberships signifies your agreement to these Terms & Conditions and constitutes your binding acceptance of them, including any modifications that Property Xclusive makes from time to time.

If you do not agree to these terms and conditions, you may not use the Site or the Service.

Property Xclusive may amend these terms and conditions at any time by posting the amended Terms and conditions on the Site, and you agree that you will be bound by any changes to these terms and conditions. Property Xclusive may make changes to the Site and/or the Service at any time. You understand that Property Xclusive may discontinue or restrict your use of the Site and/or the Service for any reason or no reason with or without notice.

1. General Use & Services

The business of Property Xclusive ("PX") is conducted by way of business & trade promotions and membership offerings. The service includes an online platform offering members' exclusive access to special partner offers and discounts. These offers and discounts are made available through our digital and physical channels, including but not limited to our Website, the PX Platform, Social Media, Email, and Virtual, or the Business Partners directly.

The Property Xclusive Site is a loyalty membership rewards platform that offers its members discounts with businesses across Australia. Members get access to a member's dashboard portal where they can utilise the discounts and offers from our partners and manage all their payments depending on what package tier level they have, and update details as needed. Part of their membership includes accumulating entries into all of our Member Only cash giveaways and all of our Major giveaways. The number of entries they receive depends on their membership tier level and the number of months they have been a member with us.

Property Xclusive reserves the right to add, change, modify, suspend or discontinue any portion of the Service, in its sole discretion, at any time. Your use of the Site and/or the Service, including the availability of new services through the Site, shall be subject to these terms and conditions. In addition, Property Xclusive may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability.

2. Loyalty Memberships

Customers can become a monthly Loyalty Member to access the Property Xclusive Members Platform. There are different membership tier levels available offering different levels of benefits. All relevant information can be found for memberships here within this document and in our members T&C's and FAQ's on our website.

3. One-Off Package Purchases

Customers have a choice of selecting a variety of Once Off Package options for major draws they would like entries in. Each Package option has different amount of draw entries for that particular draw, depending on the package purchased. All relevant information can be found for in the individual draw details and package options, and also in our FAQ's on the website.

4. Termination of Loyalty Membership

Upon cancelling your loyalty membership which must be done via email to support@propertyxclusive.com.au and then following the link provided, you will remove all future payments and remove the bonus accumulated entries from all future promotional giveaways.

To be removed from our mailing or text lists, please use the associated links as they are sent via third parties. Terminating your loyalty membership alone will not remove you from these lists.

If your account fails to pay, there will be 4 automatic attempts made to bill it. The system will attempt to bill your account every 5 days (20-day grace period) from the initial payment failure. On the 4th and final attempt, if there are insufficient funds, your subscription will be terminated, and your loyalty streak will be lost.

If you cancel your subscription, Stripe does not allow for its reactivation, and all accumulated history for that subscription will be lost. To continue your subscription, please follow the instructions in the notification emails provided or log in to the member's dashboard and update your banking details.

5. Termination of Account

You understand and agree that you have no ownership rights in your Account and Property Xclusive may stop offering the Service at any time. Further, Property Xclusive may cancel your Account, delete all of your Registration Information and any other information you have provided through the Site (collectively, User Content) associated with your Account at any time, without notice, for any reason or no reason including, without limitation, your violation of these terms and conditions. Property Xclusive will not be liable for any damages or loss resulting from the removal of any User Content from the Site and/or the Service.

To cancel your account, simply contact support@propertyxclusive.com.au and request cancellation. Once the request has been made, a specific cancellation link will be sent to you within 24 hours. You will need to click on this link and follow the prompts to complete the cancellation process.

6. Refunds, Returns, and Exchanges

By purchasing a loyalty membership or a one-time package from the Property Xclusive platform, you are providing support to Property Xclusive. It is important to note that memberships and one-time packages purchased during a promotional period or giveaway are non-refundable.

Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures, you are entitled to: cancel your service contract with us; and a refund for the unused portion or compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service. Refunds or rectifications cannot be given for reasons such as change of mind or failure to not understand the service properly.

To use certain portions of the Site and Service, you will be directed to register on the Site and create a user profile or account (Account). Eligibility is limited to persons equal to or over the age of 18.

As part of the registration process, you may be asked to submit your name, address, email address and/or similar information and to select a password. You agree that all information you provide to Property Xclusive for purposes of creating an account (Registration Information) will be true, accurate, current, and complete and your failure to provide such information shall constitute a breach of these terms and conditions and may result in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current, and complete; and (ii) maintain the confidentiality of your password.

In creating an Account, you shall not (a) select or use the email address or username of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or username that is profane, offensive, or otherwise inappropriate or (d) allow any other party to use your Account and/or password except as set forth herein.

You may not share or transfer any Account. You may not disclose your password to anyone. You agree to immediately notify Property Xclusive by sending an email to support@propertyxclusive.com.au of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. Property Xclusive is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

Property Xclusive, directors, managers, employees and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household of a Property Xclusive, director, manager or employee may not win the offered giveaways.

7. Property Xclusive Intellectual Property, Rights & Intellectual Property Infringement

The interfaces, content, arrangement and layout of the Site including, but not limited to, the Property Xclusive trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (Property Xclusive Intellectual Property) are the property of Property Xclusive, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under Australian and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of Property Xclusive.

You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any Property Xclusive Intellectual Property or third-party content located on the Site in any manner not expressly permitted under these terms and conditions.

Intellectual Property Rights means all intellectual property rights, including the following rights: (a) patents, copyright, rights in circuit layouts, designs, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential; (b) any application or right to apply for registration of any of the rights referred to in paragraph (a); and (c) all rights of a similar nature to any of the rights in paragraphs (a) and (b) that may subsist anywhere in the world (including the Applicable Jurisdiction), regardless of the form and whether or not such rights are registered or capable of being registered.

8. Members Only & Major Prize Giveaway Disclaimers

By becoming a member or Customer of Property Xclusive the Participant agrees to enter the Contest and agrees that: any and all disputes, claims and causes of action arising out of or in connection with the Contest and the promotional gifts shall be resolved individually without any form of class action; any claims, judgments and awards shall be limited to actual out of pocket costs incurred in entering the Contest, but under no circumstances will Property Xclusive be responsible for any legal fees; participants hereby waive all rights to claim punitive, incidental or consequential damage and any rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses incurred in entering the contest.

In no event will Property Xclusive, their licensees, parents, affiliates, subsidiaries and related businesses or companies, their advertising or promotional agencies or their respective officers, directors, employees, representatives and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising from access to, or use of, this website, electronic or computer malfunctions, or entrant participation in these contests, even if Property Xclusive was advised of the possibility of such damages.

Property Xclusive reserves the right to disqualify any Participant found to be tampering with or otherwise abusing any aspect of this Contest as solely determined by Property Xclusive.

In the event the Contest is compromised by non-authorised human intervention, tampering or other causes beyond the reasonable control of Property Xclusive, that corrupt or impair the administration, security, fairness or proper operation of the Contest, Property Xclusive reserves the right to suspend, modify or terminate the Contest.

Any attempt by a Participant to deliberately damage the website to undermine the legitimate operation of this contest is a violation of criminal and civil laws, and should such an attempt be made, Property Xclusive reserves the right to seek damages from any such Participant to the fullest extent permitted by Law.

Property Xclusive assumes no responsibility for any problems or technical malfunction of computer systems, servers, software, internet service provider, or e-mail systems, failure of any entry to be received on account of technical problems or incomplete, late, lost, damaged, illegible or misdirected electronic communications, or any combination thereof. The Contests are void where prohibited or restricted by law.

9. Prize Conditions

Major Prizes – Vehicle Prize or any Other Major Prize

A vehicle prize or any other prize is provided "as is" in its current condition, including all modifications and accessories fitted at the time of prize award. The winner acknowledges that the vehicle may contain aftermarket performance modifications which may affect registration or compliance requirements in certain states or territories, and accepts responsibility for any modifications, engineering certification, inspections or compliance work required to register or operate the vehicle in their jurisdiction.

With vehicle prizes, the stated prize value does not include registration, compulsory third-party insurance, comprehensive insurance, engineering certification, compliance costs, or any accessories not expressly included with the vehicle.

The Promoter makes no representations or warranties regarding a vehicle's condition, performance, roadworthiness, or compliance with registration or engineering requirements in any particular state or territory.

Any costs associated with engineering certification, inspections, compliance, registration requirements, or modifications required for a vehicle to be registered or operated in the winner's state or territory are the responsibility of the winner.

Property Xclusive Pty Ltd will cover reasonable costs associated with delivery of a vehicle and transfer of ownership into the winner's name.

The Promoter may either deliver a vehicle or other prizes to the winner or require the winner to collect the vehicle or prize from a nominated location, depending on logistics and transport availability. Delivery or collection timing may vary due to transport availability, mechanical inspections, workshops, or state registration authority processes.

A vehicle winner must provide all required information and documentation necessary to facilitate transfer of ownership of a vehicle. The winner must be legally able to register and operate the vehicle in accordance with all applicable laws. Risk and responsibility for a vehicle transfer to the winner upon delivery or collection of the vehicle, whichever occurs first.

If the winner fails to complete required documentation or accept delivery of a vehicle within a reasonable timeframe determined by the Promoter, the Promoter reserves the right to substitute the vehicle prize with the advertised cash alternative.

Cash Prize Alternative

If the winner elects to receive the cash alternative, payment will be made via electronic funds transfer (EFT) following identity verification and completion of required documentation. No entity nomination is permitted.

Part A – Property Xclusive Discount Rewards Club General Terms & Conditions

Membership

Membership benefits and discounts are only available to active Property Xclusive Loyalty Members. Loyalty Members must provide proof of an active Loyalty Membership when requested at any Property Xclusive event or partner venue. Acceptable proof includes digital membership display with a date showing you as an active Loyalty Member. Failure to not provide or verify membership may result in discounts or benefits not being allowed.

Member Benefits & Partner Discounts

Business Partners may change or withdraw member discounts or benefits at any time. Discounts & benefits are as specified by each individual partner and will vary from partner to partner. Property Xclusive is not responsible for partner operational issues, stock limitations or refusal to give discount as specified.

Nature of any Promotion

All Promotions are a game of chance. The Winner will be determined by random electronic draw from all entries. Each valid entry has an equal chance of being drawn.

Eligibility for Major Draw Prizes

Entries are open to all Australian residents aged 18 years and over. Residents of South Australia and the Australian Capital Territory are not eligible to enter or win our Major Prize Draws due to regulatory restrictions. Employees of Property Xclusive and their immediate family members are not eligible. Proof of identity and residency may be required.

Eligibility for Member Only Draws

Entries are open to all Australian residents aged 18 years and over. Entries are open to all Australian states up to $3000. Restrictions for South Australia and the Australian Capital Territory apply for cash amounts above this level. Employees of Property Xclusive and their immediate family members are not eligible. Proof of identity and residency may be required.

How to Enter Major Promotion Draws

If you are a Property Xclusive Loyalty member you automatically receive the appropriate number of entries for your tier level and the number of months you've been a member with us.

You can also buy package entries for Major Draws, and the number of entries you receive depends on the package level you purchase. Entry allocation is displayed at the time of purchase. Package entries are valid only upon successful payment processing. Refunded or reversed transactions may invalidate entries. Major Prize Draws may also have 2nd & 3rd prizes by way of Xclusive Bucks that can only be spent with our business partners.

Winner Notification

All winners will be notified by direct message and/or publicly announced during the livestream draw. Winner details will be published for at least 28 days.

Transparency of Winner Selection

Property Xclusive Pty Ltd use a government approved digital draw system for all Members Only draws and all trade promotion Major draws. 8.2 Where required, draws are conducted in the presence of an independent scrutineer. 8.3 Livestream technical issues do not invalidate a properly conducted draw.

Property Xclusive Events

Property Xclusive may host Random Cash Giveaway events at Partner Venues. Members may receive additional benefits at these events depending on availability at the event. Proof of an active membership must be provided if requested to receive member benefits. Non-members are welcome to attend most Property Xclusive events but may or may not receive member only benefits on the day. Prizes and benefits may be limited and will vary depending on the event and the location. The partner venue reserves the right to refuse entry or ask attendees to leave for aggressive, unsafe or unlawful behaviour. All attendees must comply with the business partners' (venues) rules and regulations.

Photography & Filming

All Property Xclusive events may be filmed or photographed. If you do not wish to appear in video or photo content, please notify staff and we'll do our best to remove you where possible.

Damage and Responsibility

Anyone who attends a Property Xclusive event is liable and responsible for any damage caused by them. Where damage has occurred at an event or venue, the responsible attendee will be required to pay for repair or replacement. All attendees of any Property Xclusive event indemnify Property Xclusive Pty Ltd against any losses resulting from neglect, reckless or unlawful conduct. Property Xclusive Pty Ltd is not responsible for loss, theft or damage to personal belongings.

Communications

Loyalty members and package purchasers are responsible for ensuring their contact details are correct.

Changes to Terms & Conditions

Property Xclusive Pty Ltd may amend these Terms & Conditions for regulatory compliance or operational reasons.

Consumer Law

Nothing in these Terms excludes rights under the Competition and Consumer Act 2010 (Cth).

Governing Law

These Terms are governed by the laws of Victoria, Australia.

Platform Disclaimer

All promotions are in no way sponsored, endorsed or administrated by or associated with Facebook or Instagram.

Liability

To the extent permitted by law, Property Xclusive Pty Ltd is not liable for loss or damage arising from participation or prize acceptance in any trade promotion draw.

Property Xclusive – Website General Terms of Use

The below sections outline the Terms of access to and use of the website at https://propertyxclusive.com.au and the purchase of goods and services over the Site.

1. Acknowledgment

The Site is owned and operated by Property Xclusive Pty Ltd (Property Xclusive, we, or us).

Your access to and use of the Site is conditional on your acceptance and compliance with these terms and our privacy policy located at https://propertyxclusive.com.au/privacy-policy (Privacy Policy), together with any notices and disclaimers contained on the Site (Notices), and if you are a member, our Member Terms and Conditions (collectively, Terms). By agreeing to the Terms, you are entering into an agreement with us, including our successors, assignees and related bodies corporate.

If you disagree with any aspect of the Terms you should immediately cease all use of, and access to, the Site.

By accessing the Site and utilising our services, you warrant and represent that: you have read and agree to be bound by the Terms; you are over the age of 18; you have the legal right, authority and legal capacity to enter into a legally binding agreement and abide by the Terms.

We reserve the right to update the Terms at any time without notification, effective on the date of posting to the Site of the new and amended provisions.

2. Access to the Site

You may access and use the Site solely for your own personal use. You must not access or use the Site in any manner or for any purpose which is illegal or prohibited by any laws that apply to you, violates our rights in any way, or is prohibited by the Terms.

You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your access to, and use of, the Site.

3. Interpretation

In these terms and conditions: a reference to a person includes any other legal entity and vice versa; words importing the singular number include the plural number and vice versa; a reference to a party includes the party's heirs, executors, successors and permitted assigns; headings are for reference purposes only; where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning; references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail; unless otherwise stated, all references on the Site and in the Terms to a monetary amount is a reference to an Australian dollar currency amount; and an obligation of two or more parties binds them jointly and each of them severally.

4. Intellectual Property & Copyright

The Site is owned by us. Intellectual property rights subsisting in the Site (including copyright in the content, design and source code of the Site) is our property or is licensed for us to use unless otherwise stated.

You may use, print and make temporary copies of content available on the Site on your computer for non-commercial, personal or internal business use. You must obtain written permission before you use the content for any other purpose.

From time-to-time materials available on the Site may be subject to specific usage rights and restrictions. We will notify you of any such rights and restrictions when you access the materials. You must only use the materials in accordance with those rights and subject to those restrictions.

The contents of the Property Xclusive website may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of Property Xclusive. Format and layout of the website and associated pages are the property of Property Xclusive.

5. Disclaimer and Limitation of Liability

You agree that your access to, and use of, the Site and our products and services is at your own risk. To the fullest extent permitted by law, Property Xclusive, its officers, directors, employees, representatives and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof or your use of any of our products and services. To the fullest extent permitted by law, we do not make any warranties or representations about the accuracy, adequacy or completeness of the information and we do not accept any responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained on this Site.

We do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free or free of viruses. Accordingly, we are not liable for any loss suffered as a result of any such viruses or defects. All Content is provided "as is" without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.

Subject to your rights under the Australian Consumer Law and clause 6 below, and to the maximum extent permitted by law, Property Xclusive, its directors, officers, agents or employees: will not be liable to you for any direct, indirect, incidental, special, punitive, or consequential loss or damages whatsoever arising (whether in negligence or otherwise), in connection with your access to, and use of, the Site and the Content, any errors or any omissions from the Content including typographical or photographical errors, any technical malfunction, error, virus, delay or interference on the Site or a failure or omission on the part of Property Xclusive to comply with its obligations under the Terms; do not warrant or guarantee that the Site will be completely accurate or continuous at all times – the Site is provided on an "as is" and "as available" basis and the information contained on the Site is general and may not be suitable for your particular needs; do not accept any responsibility to maintain the material and services made available on the Site or to supply any corrections, updates, or releases in connection with the Site – any material on the Site is subject to change without notice; exclude all other terms, conditions, guarantees and warranties, whether express or implied, by statute, trade or otherwise; and exclude all liability to you for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the materials on this Site and/or your use of this Site.

6. Indemnification

Without limiting any other provision of the Terms, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us. As a condition of your access to and use of the Site, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Site or your breach of the Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration for an account with us and your use and access of the Site and applies to claims arising both before and after the registration ends.

7. Orders & Payment Terms

Payments for orders can be made through a third-party payment processor on the Site. All prices on the Site are in Australian dollars and are inclusive of GST, unless otherwise stated. Orders will not be despatched until funds have cleared into our account. All products advertised on the Site are subject to availability.

The price payable for any products or service is the price specified on the Site at the time of placing the order. Prices displayed are subject to change at any time. Any order placed via the Site or otherwise is an offer by you to purchase a particular product for the price specified at the time you place your order. You acknowledge by placing an order, you are agreeing to pay for and accept delivery of the product(s) ordered.

10. Termination

We may terminate your access to this Site at any time without reason or notice. The Terms will survive any such termination.

11. Governing Law

The Terms are governed by the laws in force in the State of Victoria, Australia and you hereby agree to submit to the exclusive jurisdiction of the courts of Victoria.

12. Advertising and Links to Other Sites

The Site may contain links to third party sites ("Linked Sites"). Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site ("Subsequent Site"). We provide these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us or by our directors, officers, agents, employees and contractors. Your use of any Linked Site or Subsequent Site is at your own risk and subject to these third-party sites' terms of use.

To the extent permitted by law, Property Xclusive, its directors, officers, agents, employees and contractors do not give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites, nor do we accept any responsibility arising in any way (including negligence) for errors in, or omissions from any Linked Sites or Subsequent Sites.

13. General

We do not accept any liability for any failure to comply with the Terms where the failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under the Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

The Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us for reasonable business purposes without restriction. We reserve the right to amend the Terms at any time without notice, and it is your responsibility to review the Terms for any changes. Your access to the Site and use of our products or services following any amendment of the Terms will signify your assent to and acceptance of its revised terms.

Contact Us

For any enquiries or queries please contact us by email at the following address.

Property Xclusive Pty Ltd
support@propertyxclusive.com.au

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