TERMS OF USE

1.The Services

St.Trinity offers cloud software, property information portal, agent website and customisation, both including associated offline and mobile applications. You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.

 

2. Amendments to Terms of Use

St.Trinity reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by You to be bound by the terms of use as amended.

 

3. Website and Mobile Application Access

Subject to this Terms of Use, St.Trinity grants You permission to use the Website.

 

4. Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not: 

1.                transfer the Services or otherwise make it available to any third party; 

2.                attempt to disassemble, reverse engineer or decompile the Services, except as permitted under applicable law;

3.                use third party links to sites without agreeing to their website terms and conditions; 

4.                post links to third party sites or use their logo, company name, etc. without their prior written permission;

5.                use the Services in any manner that could damage, disable, overburden, impair or harm any resource of StTrinity, including servers, networks, or computer systems; 

6.                use the Services to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs.

 

5. Privacy Policy

Our Privacy Policy, which sets out how we will use your information, can be found at Privacy Policy. Ensure You have read and understood our Privacy Policy. By using the Website and/ or Mobile Application, You consent to the processing of personal information as described in the Privacy Policy and warrant that all data provided by You is accurate. We will process all personal information in accordance with data protection laws and our Privacy Policy.

 

6. Confidentiality

St.Trinity will treat personal information as confidential and will make every reasonable effort to keep personal information and confidential information confidential and secure. It will not disclose this information except:

a.                as necessary to provide the Services; 

b.                to St.Trinity personnel and any service provider that St.Trinity works with where necessary to operate the Services; 

c.                if the relevant person has given St.Trinity permission to do so;

d.                in accordance with our Privacy Policy; or

e.                if required or permitted by law.

 

7. Prohibitions

You must not misuse the Website. You will not:

1.               commit or encourage a criminal offence;

2.                transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

3.                hack into any aspect of the Services; corrupt data; cause annoyance to other users;

4.                infringe upon the rights of any other person’s proprietary rights;

5.                send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

6.                attempt to affect the performance or functionality of any computer facilities of or accessed through the Website.

a. Breaching this provision would constitute a criminal offence, and St.Trinity will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

b. The following contents are prohibited on the Website:

1.                offensive content that promotes racism, terrorism, bigotry, hatred, or physical or/and mental violence or harassment against any individual or group or could harm minors; and

2.                misleading or/and deceptive or defamatory contents; and

3.                pornographic or sexually explicit contents; and

4.                contents related to any unlawful activities.

 

Support Scope

As part of Website support, you will receive support from StTrinity to make your customised website available to end users. We will support you to push all available projects and Properties on your dedicated website. The Services also allow you to hide projects from your custom website, and toggle visibility of commission information.

 

Data Ownership

We respect your right to ownership of content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant StTrinity the license to use, reproduce, adapt, modify, publish, or distribute the content created by you or stored in your user account, for StTrinity’s commercial, marketing or any similar purpose. However, you grant StTrinity permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account, solely as required for the purpose of providing the Services to you.

 

Suspension and Termination

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of: 

 .any suspected illegal activity,

i.extended periods of inactivity, or 

ii.requests by law enforcement or other government agencies.

Termination of user account may include denial of access to all Services, deletion of information in your user account (such as your email address and password), and deletion of all data in your user account.

 

Intellectual Property, Software and Content

The intellectual property rights in all content made available to you on or through the Website and Mobile Application remain the property of St.Trinity or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by St.Trinity and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to You or which appears on the Website and/ or Mobile Application nor may You use any such content in connection with any business or commercial enterprise.

 

Copyright

You must not do anything with the materials and resources that are not expressly authorised by the Terms of Use. Without limitation, You must not modify, adapt, sell, or use the materials and resources for a commercial purpose (such as charging third parties for access to the materials and resources) without the prior consent of StTrinity Solution.

 

Disclaimer of Liability

a.                Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy and effect. 

b.                To the fullest extent permitted by law, St.Trinity hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website and any materials posted on the website, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. 

c.                You agree that even if St.Trinity has been advised of the possibility of such damage, St.Trinity shall, in no event, be liable for:

 

i.any consequential, incidental, indirect, special, punitive or other loss or damage whatsoever;

ii.loss of business profits, business interpretation, business information;

iii.computer failure;

iv.or other loss arising out of or caused by your use or inability or use the service.

v.In no event shall StTrinity’s entire liability to you in respect of any services, whether direct or indirect, exceed whichever of the following is higher:

vi.One Thousand Dollars ($1000), or

vii.the fees paid by you during the Twelve (12) Months prior to the first event giving rise to such liability.

 

Linking to the Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on the Website are in no way associated, linked or affiliated with St.Trinity and You should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to StTrinity Solution.

 

Indemnity

You agree to indemnify StTrinity Solution, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Agreement, or any other claim related to your use of the Services, except where such use is authorized by StTrinity Solution.

 

Variation

St.Trinity has the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of the Website and Mobile Application.

 

Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected, and all other clauses remain in full force and effect. As far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

 

Complaints

If we receive a complaint with respect to your activities as part of use of the Services, we will email the complaint to the primary email address of your user account. You must respond to the complainant within 10 days of receiving the complaint forwarded by us and copy St.Trinity in this communication. If you do not respond to the complainant within 10 business days from the date of our email to you, we may disclose your name and contact information to the complainant, for the purpose of enabling the complainant to take legal action against you.

 

 

 

REFERRAL REWARDS PROGRAM

1. Introduction 

The following terms and conditions (the “Program Terms”) apply to the St Trinity Property Group Referral Rewards Program (the “Program”). By submitting a Referral Form, the Referrer, Potential Purchaser, New Developer and New Sub-Agent (as the context requires) warrant that they have read, understand and agree to comply with and be bound by the Program Terms. 

2. Definitions & Interpretation 

2.1 In these Program Terms, unless the context otherwise requires: 

● “Agent’s Representative” has the same meaning as under the Estate Agent’s Act 1980. ● “St Trinity Property Group” means St Trinity Property Group Pty Ltd ABN 33 618 065 197. 

● “St Trinity Property Group Privacy Policy” means the privacy policy adopted by St Trinity Property Group from time to time and found at https://stpgstage.wpengine.com/ 

● “Client” has the meaning given in clause 3.2; 

● “Developer” means a developer in respect of a Project; 

● “Estate Agent” has the same meaning as under the Estate Agent’s Act 1980.

● “Introduced Person” has the meaning given in clause 3.1; 

● “New Developer” means a Developer who is a new Vendor client of St Trinity Property Group and who fulfills the criteria of an Introduced Person as set out in clause 3.1; 

● “ New Sub- Agent” means an Estate-Agent who is validly appointed as a Sub-Agent of St Trinity  Property Group and who fulfills the criteria of an Introduced Person as set out in clause 3.1 

● “Personal Information” has the same meaning as under the Privacy Act 1988 (Cth); 

● “Potential Purchaser” means a person who fulfills the criteria of an Introduced Person as set out in clause 3.1; 

● “Project” means a real estate development project, provided: 

• the Developer has obtained development approval and building approval in respect of that Project (Approval); and 

• subject to Approval being obtained, the Project on completion will contain greater than two (2) individual lots that are able to be independently sold to a third party; 

● “Prospective Purchaser Introduction Reward” means $1000.00 (inclusive of any Tax) paid into the Referrer’s nominated bank account; 

● “Purchase” means a Purchaser entering into an unconditional contract to purchase a Residential Property and paying the deposit required under that contract in full, on time and in the manner required under that contract; 

● “Purchaser” means a Potential Purchaser who completes a Purchase, whether alone or with any other individual or entity;

• “Referral Form” means the referral form for the program provided by St Trinity Property  Group. 

• “Referrer” means an individual who is eighteen (18) years or over and has introduced a Client,  a person who becomes an employee of St Trinity Property Group, a Potential Purchaser or  New Developer or a New Sub-Agent to St Trinity Property Group in accordance with the  Program Terms. 

• Residential Property” means a new residential dwelling(s) that St Trinity Property Group markets from time to time whether in its own right or on behalf of another developer/owner, but excluding any dwelling(s) which is/are being resold because of a prior sale if it did not complete;

• “Reward” means: 

• a Prospective Purchaser Introduction Reward; 

• “Tax means any tax, levy, charge, impost, fee, deduction, withholding or duty of any nature, including any Income Tax, Fringe Benefits Tax or Goods and Services Tax (as those terms are defined under the Income Tax Assessment Act 1997 (Cth), the Fringe Benefits Tax Assessment Act 1986 (Cth) and the A New Tax System (Goods and Services Tax) Act 1999 respectively) imposed or collected by a government agency; 

• Vendor” means the vendor in respect of any Residential Property or Project which St Trinity Property Group is appointed to sell; and 

2.2 Any reference in these Program Terms to: 

● one gender includes the others; 

● the singular includes the plural and vice versa; 

● a statute, regulation or other law includes any amendment or replacement of it and any other regulation or statutory instrument made under it; 

● “including” and similar expressions are not words of limitation; and 

● “dollars” or “$” means Australian Dollars. 

3. Criteria for Introduced Persons and Clients 

3.1 A person introduced to St Trinity Property Group by a Referrer under the Program will be deemed an “Introduced Person” provided that: 

3.11.1 they are 18 years or over; 

3.11.2 a local resident in the State in which the Residential Property or Project being sold (as applicable) is located; 

3.11.3 they have a genuine interest in becoming a Purchaser; 

3.11.4 if that person is an individual, that person is not, and must not have been: (a) a Referrer; 

(b) a Purchaser; 

(c) a Developer; 

(d) a Sub-Agent; or 

3.11.5 sufficient detail has been provided to St Trinity Property Group to allow St Trinity Property Group to identify and contact that person without further enquiry; 

3.11.6 at the time of submission of the Referral Form, that person; 

(a) has not already been introduced (including by his/her own initiative) to: 

(i) St Trinity Property Group, whether under the Program or otherwise; 

(ii) any employee or representative of St Trinity Property Group; or 

(iii) any Residential Property; and. 

(b) has consented to his/her introduction to St Trinity Property Group by the 

Referrer.

3.2 A person introduced to St Trinity Property Group by a Referrer under the Program will be deemed a “Client” provided that: 

3.21.1 they are 18 years or over; 

3.21.2 sufficient detail has been provided to St Trinity Property Group to allow St Trinity Property Group to identify and contact that person without further enquiry; 

3.21.3 at the time of submission of the Referral Form, that person; 

(a) has not already been introduced (including by his/her own initiative) to: 

(i) St Trinity Property Group, whether under the Program or otherwise; or 

(ii) any employee or representative of St Trinity Property Group; and 

(b) has consented to his/her introduction to St Trinity Property Group by the 

Referrer. 

3.3 By submitting the Referral Form to St Trinity Property Group, the Referrer warrants that: 3.31.1 the Introduced Person or the Client (as applicable) has consented to be introduced to St Trinity Property Group and the Referrer agrees to indemnify St Trinity Property Group against any actions, claims, demands, damages, costs and expenses that St Trinity Property Group may incur or for which St Trinity Property Group may become liable arising from any breach of that warranty. 

4. Entitlement to a Prospective Purchaser Introduction Reward 

4.1 Subject to clauses 4.2, 4.3 and 4.4, a Referrer will be entitled to receive a Prospective Purchaser Introduction Reward provided that: 

4.11.1 the Referrer is not St Trinity property consultant; 

4.11.2 the Potential Purchaser introduced by the Referrer becomes a Purchaser and an unconditional contract has been validly exchanged in relation to that Purchase in accordance with the contract of sale for the Purchase; 

4.2 A Referrer will be entitled to a maximum of one (1) Prospective Purchaser Introduction Reward for each Purchaser. 

4.3 Unless otherwise set out under these Terms and Conditions, all Prospective Purchaser Introduction Rewards are non-transferable. 

4.4 Notwithstanding clause 4.1: 

4.41.1 the entitlement of a Referrer to a Prospective Purchaser Introduction Reward is conditional upon St Trinity Property Group: 

(a) receiving all sales commission due to it in respect to the Purchaser’s 

Purchase (“Purchase Commission”); and 

(b) not being required to refund or repay the Purchase Commission for any reason; 4.41.2 St Trinity Property Group may pay the Prospective Purchaser Introduction Reward to the Referrer at any time up to ninety (90) days after the date it receives the Purchase Commission. 

4.5 If a Referrer is entitled to a Prospective Purchaser Introduction Reward, St Trinity Property Group will notify the Referrer at the email address nominated in the Referral Form. 

4.6 A Referrer’s entitlement to a Prospective Purchaser Introduction Reward is personal and is: 4.61.1 not capable of being assigned; and 

4.61.2 non-exchangeable.

8. St Trinity Property Group Group’s rights 

8.1 St Trinity Property Group Reserves the right to: 

8.11.1 suspend or cancel the Program, in whole or in part, at any time and in its absolute 

discretion; 

8.11.2 change, amend or vary these Program Terms; 

7.11.3 change, amend, vary, substitute, withdraw or cancel any Reward or the value of any Reward under the Program; 

8.11.4 exclude a Referrer from the Program for any reason in its absolute discretion; and 

8.11.5 verify the validity of each Referral submitted and may refuse to accept any Referral that it deems invalid, including any material which breaches any applicable legislation 

in the State in which the Referral is made. 

8.2 In the event of cancellation or suspension of the Program by St Trinity Property Group Group, any Reward earned by a Referrer prior to such cancellation or suspension will be honoured by St Trinity Property Group Group. 

8.3 St Trinity Property Group accepts no liability, or responsibility in respect of any injury or accident that may occur as a result of a Referrer, an Introduced Person participating in the Program. The Referrer, and Introduced Person each unconditionally and forever release St Trinity Property Group From any future actions, suits, claims, demands, costs, expenses and other obligations or liabilities of any nature whatsoever under or in connection with the Program.

 

 

9. Privacy 

9.1 St Trinity Property Group Collects personal information in order to conduct the Program and may, for this purpose, disclose such information to third parties, including but not limited to suppliers and  Australian regulatory authorities. Participation in the Program is conditional upon the provision of  this information. 

9.2 The Referrer agrees that St Trinity Property Group may use this information for promotional, marketing and publicity purposes including, unless a Referrer or Introduced Person expressly requests otherwise in writing to St Trinity Property Group Group. The use and disclosure of this information will be subject to the provisions of the Privacy Act 1988. 

9.3 The Referrer agrees to comply and abide by all relevant privacy laws and regulations and seek the express written consent of any Introduced Person before referring their details to St Trinity Property Group Group. Should approval not be expressly provided in writing, then the referral will  be deemed invalid. 

9.4 If a Referrer does not provide Personal Information required by St Trinity Property Group For the purposes of the Program, the Referrer acknowledges that he/she may not be entitled to participate in the Program. All Personal Information supplied by a Referrer under the Program will  be used by St Trinity Property Group in accordance with these Program Terms and the St Trinity  Property GroupPrivacy Policy. A copy of St Trinity Property Group’s Privacy Policy may be viewed  at https://stpgstage.wpengine.com/ or please contact [email protected] if you would like a copy to  be sent to you. 

10. No Agency or Employment 

Nothing in the Program Terms creates a relationship of principal and agent, employer and employee, ‘licensed estate agent’ and ‘agent’s representative’ (as those terms are defined in the Estate Agents Act 1980 or joint venture between the St Trinity Property Group And the Referrer. 

11. Tax 

Any liability for payment of any Tax arising from or relating to the provision of any Reward to Referrers will be the sole responsibility of the Referrer. Referrers should contact their accountant or taxation advisor if they have any queries relating to the Tax implications of the Program and their participation in it. 

12. Payment of the Reward 

Payment of the reward will be processed within 30 days of unconditional exchanged/settlement of the relevant contract for sale, or within 30 days of receipt of a valid tax invoice whichever is later.  

13. General 

13.1 The Program commenced on 22 Feb 2023 and will continue until St Trinity Property Group In its sole 

discretion decides otherwise. 

13.2 St Trinity Property Group’s decision on all matters pertaining to the Program, including but not limited to any dispute as to any entitlement to a Reward, the identity of a Referrer or an Introduced Person or as to whether a particular Introduced Person was referred by a Referrer, is final and binding. 

13.3 St Trinity Property Group Is not liable for any loss, expense or damage suffered by Referrers arising from or in any way in connection with the withdrawal of any real estate from the Program, suspension or cancellation of the Program, variations or changes to the Program, except to the extent that liability cannot be excluded by law. 

13.4 The laws applicable in the State of NSW, or relevant State jurisdiction in which the Referral is being made, govern these Program Terms. Referrers submit to the non-exclusive jurisdiction of the

courts of NSW, or relevant State jurisdiction in which the Referral is being made, and any courts competent to hear appeals from those courts. 

13.5 If any provision or part of any provision of these Program Terms 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 provision (or where possible, the offending part of that provision) is to be severed from these Program Terms without affecting the remaining provisions. 

13.6 These Program Terms are to be interpreted so that it complies with all applicable laws in the State in which the Referral is made and if any provision does not comply then it must be read down so as to give it as much effect as possible. The parties agree that they intend to comply with all applicable laws and agree to rectify these program Terms if required to give effect to any required changes.