1.1 In this Program, unless the context is otherwise provided, the following words are defined as follows:

Associate has the meaning given to it in the Corporations Act 2001 (Cth).

ACL means the Australian Consumer Law as set out in the Competition and Consumer Act 2010.

Benefits Webpage means https://bensonsproperty.com.au/beyond-rewards/, which is subject to change from time to time.

Beyond Rewards Contact Centre means the contact centre for this Program, which is either via email at beyondrewards@bensonsproperty.com.au or via telephone at +61 3 8602 0800.

Channel Agent means a sales agent, home builder (or an employee or sales representative of a home builder), or a financial planner who is engaged by us and has entered into a Representative Deed with Bensons for the sale of Property.

Completion or Settlement means completion or settlement of a Contract.

Contract means a contract of sale for Property entered into by a Dealer (or their Associates) for the sale or purchase of one or more Properties from Bensons.

Deal, Dealing or Dealt means the entry into a Contract for the purchase of Property directly from:

• Bensons; or
• a Channel Agent,

and that Contract becomes unconditional.

Dealer means a natural person over the age of 18 years who Deals in Property.

Eligible Projects means those projects listed as ‘Eligible Projects’ on the Benefits Webpage.

Exclusions has the meaning given to it in clause 4.3.

Expiry Date has the meaning given to it in clause 4.7.

Member, You or Your means a Dealer that has not been rejected by us to participate in this Program.

Member Account means the Beyond Rewards account(s) opened for a Member for the purpose of accruing Points.

Member Benefits means benefits you can earn or be awarded from time to time in connection with the Program and listed on the Benefits Webpage.

Points means the Beyond Rewards membership points you earn under the Program, more particularly disclosed in the Benefits Webpage.

Property means a Benson property that has been Dealt with.

Referral Form means a valid ‘Refer a Friend’ form countersigned by the Referrer and a referred party.

Referrer means a natural person over the age of 18 years who (at the time of a referral under clause 3) is a Member and is not a Channel Agent.

Related Bodies Corporate has the meaning given to it in the Corporations Act 2001 (Cth).

Representative means a director, senior manager, officer, employee, professional advisor, agent, contractor (or subcontractor), or any other person acting with ostensible authority for another legal person.

Representative Deed means a Deed that a sales agent executes with Bensons in order to provide the sales agent with the requisite authorisation to sell a Property.

1.2 All references to dollars are to Australian dollars unless otherwise stated.

1.3 The use of examples is for illustration purposes only and the operative effect of those provisions is not to be limited by the examples given.

3.1 Subject to these T&Cs, this Program entitles a Referrer to earn Points as set out in clause 3.3 if a Referrer refers a new Member in accordance with this clause 3.

3.2 In order for a Referrer to be entitled to earn Points as set out in clause 3.3, the following must be received and acknowledged by Bensons (Referral Documents):
(a) a Referral Form; and
(b) a copy of the Contract entered into by the referred party, being a new Member.
The Referral Form in clause 3.2(a) must be provided to Bensons prior to the provision of a Contract under clause 3.2(b). Fully executed Referral Documents must be submitted to Bensons by post at Level 3, 367 Collins Street, Melbourne, Victoria 3000 or via email at beyondrewards@bensonsproperty.com.au.

3.3 A Referrer is entitled to earn up to 5,000 Points for any valid referral under theses T&Cs.

3.4 The Referrer will automatically receive the Points in their Member Account upon the provision of the Referral Documents and the new Member’s Contract becomes unconditional.

3.5 We reserve the right, at our absolute discretion, not to accept a referral.

3.6 There is no limit to the number of new Members that a Referrer may refer under this Program.

3.7 Where a new Member is referred by more than one Referrer under these T&Cs, only the first Referrer making the referral (based on the time and date that Bensons receive a completed Referral Form, determined by Bensons in our absolute discretion) will be entitled to the Points outlined in clause 3.3.

3.8 These T&Cs govern all Referrers and new Members and we reserve the right to take appropriate legal action against the Referrer if the Referrer breaches the T&Cs.

5.1 Member Benefits can be found on the Benefits Webpage. The Member Benefits are subject to change from time to time.

5.2 The amount of Points required to redeem a Member Benefit is subject to change from time to time. If the amount of Points for a particular Member Benefit changes, we will disclose this change to you through our marketing communications (see clause 9).

5.3 Where a Member Benefit relates to travel, you are solely responsible for any (i) insurances; (ii) airport taxes; (iii) airport transfer fees; (iv) fuel surcharges and levies; and (v) other service fees and charges relating to any travel booking. Such fees will be advised at the time of the travel booking.

5.4 If you do not have enough Points to claim or redeem a Member Benefit, we may, at our sole and absolute discretion, allow you to pay for the Member Benefit using a combination of Points and cash (in lieu of the outstanding Points required to claim or redeem that Member Benefit). The cash amount ascribed to the outstanding Points is to be determined on a case-by-case basis and at our sole and absolute discretion. The cash amount must be made in cleared funds and via electronic funds transfer only prior to any claim or redemption of that Member Benefit.

5.5 Points may be redeemed for Member Benefits by third parties on prior written approval by us. We may request that the third party provide to us an executed third party consent form (which may include private information of itself) prior to the redemption of the Member Benefit.

7.1 You acknowledge and agree that there may be:
(a) a delay in issuing you with, or non-issue to you of, any Member Benefits;
(b) acts, errors or omissions by us in the course of providing Member Benefits (including as referred to in these T&Cs);
(c) loss, theft or damage to any documentation in the course of the posting or delivery of that documentation to you; or
(d) a suspension and/or termination of this Program, including the ability for members to earn Points and redeem Member Benefits,
and to the maximum extent permitted by law (and provided that nothing in these T&Cs limits your rights under the ACL), we will not be liable to you in any way for any cause in connection with such matters, including for any unused Points in your Member Account at the time of termination.

7.2 You agree that any comments, suggestions or recommendations you may receive from us or others as part of the Member Benefits may not be suitable, accurate or complete and you must not rely on them in a way which may give rise to any loss or damage. If you intend to rely on anything in connection with this Program, your reliance should be based solely on your own judgement, including as to the extent to which you should obtain or use any Member Benefits.

7.3 Provided that nothing in these T&Cs limits your rights under the ACL, any liability we may have to you in negligence, breach of contract or otherwise, and all conditions, warranties or representations as to the condition, suitability, quality, standard, fitness or safety of any goods or services supplied pursuant to these T&Cs, whether express or implied by statute, are excluded to the maximum extent permitted by law, and, where liability cannot be excluded (such as where the ACL applies), all liability to you (including for consequential damages) will in all cases be limited to (at our election):
(a) paying the equivalent cost of supplying the Member Benefit again; or
(b) supplying the Member Benefits again.

7.4 Any claim should be directed to the manufacturer or service provider of the Member Benefit pursuant to their warranty information. We will provide you with such proof of purchase information as reasonably available to allow you to pursue such claims.

7.5 Where points are used for travel bookings with a Bensons’ travel partner, you acknowledge that such bookings are supplied by third parties and not by Bensons. On redeeming Points for a travel booking with Bensons’ travel partner, you agree to release us, our Representatives, Related Bodies Corporate and Associates from any and all liability in respect of the redemption or use of any Member Benefit or other participation in the Program. We bear no responsibility for resolving any dispute between you and a travel partner.

7.6 The above limitation of liability in Bensons’ favour also applies to Related Bodies Corporate of Bensons and any of their Representatives.

9.1 You agree that we may send you direct marketing communications and tailored advertising via various channels and media (including by email, SMS, phone, mail, or via advertisements on social media) where you have not opted out (as described below) from receiving such communications and advertising via those channels or media. Your agreement will be deemed to be effective until such time as you opt out of receiving direct marketing or tailored advertising via the relevant channel or media.

9.2 Your Points within your Member Account will be sent to you in our marketing communications.

9.3 You may opt-out of receiving direct marketing communications (including opting-out of receiving such communications through certain media, or opting-out of receiving direct marketing communications via certain channels) by modifying your communication preferences on your Rewards account. In the case of certain electronic direct marketing communications (including email or SMS), you may also use the opt-out/unsubscribe facility we provide in that communication. You can also opt out by contacting us at the Beyond Rewards Contact Centre.

9.4 You can also block or disable cookies by adjusting the privacy settings in your web browser. If you adjust your settings to disable session and certain persistent cookies, you may find that the websites you visit have only limited functionality.

9.5 If you have any questions about how to opt-out or unsubscribe please contact the Beyond Rewards Contact Centre.

9.6 Regardless of whether you opt out of any and/or all marketing communications, you consent to still receive service based communications relating to your membership, including changes to these T&Cs, the Privacy Policy, Member Account balance/transactions or important information (for example, amendments to the Member Benefits).

9.7 If you wish to opt out of receiving service based communications, this be deemed to be a termination event. You will need to contact the Beyond Rewards Contact Centre to terminate your Member Account and you will thereafter no longer receive direct marketing communications or service based communications from the Program.

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