Under Frasers Property Australia’s Prosperity Loyalty Program (Prosperity), Prosperity members may be eligible for various Benefits including:
- Repeat Purchase Rewards (see section 3)
- Referral Rewards (see section 4)
- Priority Notification and Access (see section 5)
- Fraser World Sapphire Membership (see section 6)
- certain third party offers, products, services or other benefits.
If you do not understand these terms and conditions or have any questions, please contact our Prosperity Team at firstname.lastname@example.org or on 13 86 88 and we will be happy to help you.
2 Membership Types and Benefits
2.1 Who can become a Prosperity member?
Any company or individual over the age of 18 named as a purchaser under an Eligible Contract, whether purchasing solely or jointly is eligible to become a Prosperity member.
What is an Eligible Contract?
When you buy a residential property in a participating Development, the sale contract you enter into is an Eligible Contract.
Some projects and types of contracts are excluded (for example, contracts awarded as a result of a tender). For a full list of included projects click here and for further details of the exclusions, see the definition of Eligible Contract in Section 13 below.
There is no fee payable to become, or remain, a Prosperity member.
2.2 Prosperity membership benefits
The Benefits of Prosperity membership increase on your second and third purchases.
Here’s a summary:
Further details of each Benefit are set out in sections 3 to 6 below.
2.3 Additional provisions for company members and their nominees
Where the purchaser under an Eligible Contract includes a company, the company’s authorised representative may nominate up to 2 individuals to also be Prosperity members. Those individuals must be either shareholders or directors of the purchaser and must not have been nominated previously or be an existing Prosperity member.
This nomination must be made in writing at the time of entering into the Eligible Contract.
The company and its nominees will together form a Company Group for the purposes of Prosperity membership and any Benefit under Prosperity. Section 3.3 below sets out how Repeat Purchase Rewards are calculated for Prosperity members who are part of a Company Group.
2.4 Acceptance of terms and conditions
By claiming or accepting any Benefit under Prosperity, the Prosperity member confirms that it accepts these terms and conditions.
3 Repeat Purchase Reward
Prosperity members are entitled to receive a repeat purchase reward for their second and any subsequent Eligible Contracts in accordance with this section 3.
3.2 Amount of repeat purchase reward
The repeat purchase reward will be calculated based on the number of prior purchases by the relevant Prosperity member and the purchase price under the Eligible Contract as follows:
3.3 Company Groups
Where a Prosperity member forms part of a Company Group, each Eligible Contract of that Company Group is taken into account in determining the amount of the repeat purchase reward payable to a Prosperity member of that Company Group.
The company, director 1 and director 2 form a Company Group after the company obtains Prosperity membership.
Director 1 then buys under an Eligible Contract and is entitled to a 2% repeat purchase reward on settlement.
Director 2 then buys under an Eligible Contract and is entitled to a 3% repeat purchase reward on settlement. Director 1 buys again and is also entitled to a 3% repeat purchase reward.
3.4 No Cap
There is no cap on the total amount, or number of, repeat purchase rewards that a Prosperity member may be paid.
3.5 Multiple purchasers
Where there are multiple purchasers under an Eligible Contract and more than one of those purchasers is a Prosperity member, the total repeat purchase reward payable will be the highest reward any particular Prosperity member purchaser is entitled to receive in relation to the Eligible Contract.
The total repeat purchase reward will be shared equally by all purchasers that are Prosperity members. Non-members are not entitled to receive any repeat purchase reward.
3.6 Payment of repeat purchase reward
The repeat purchase reward will be paid to the purchaser on the date of settlement of the Eligible Contract. For convenience, the repeat purchase reward may be paid by way of adjustment on settlement of the Eligible Contract.
4 Referral Reward
Prosperity members are entitled to receive a referral reward of $2,000 when they introduce a new buyer to the Frasers Property Group in accordance with this section 4.
4.2 Pre-conditions to receipt of the referral reward
Each of the following conditions must be satisfied for a Prosperity member to be entitled to a referral reward:
(a) the referring Prosperity member (Referrer) must:
(i) have satisfied all Purchaser Conditions in their first Eligible Contract;
(ii) complete the on-line Referral Form on or before the Eligible Contract is signed by the Referred Purchaser; and
(iii) not otherwise be excluded under section 4.6; and
(b) the referred purchaser (Referred Purchaser) must:
(i) be an individual or company;
(ii) on or before entering into the relevant Eligible Contract, nominate or confirm to Frasers Property Group that the Referrer was their referrer;
(iii) enter into an Eligible Contract; and
(iv) satisfy the Purchaser Conditions in the Eligible Contract;and must not be:
(v) an existing Prosperity member; or
(vi) already known to Frasers Property Group as a potential purchaser, including by being previously introduced or referred to Frasers Property Group by another party or Agent, or appearing on a Frasers Property Group sales database.
4.3 Multiple purchasers
Where there are multiple purchasers:
(a) at least one of the purchasers must satisfy the conditions for being a Referred Purchaser in section 4.2(b); and
(b) all of the purchasers must satisfy the requirements in sections 4.2(b)(v) and 4.2(b)(vi).
Only one referral reward is payable on each Eligible Contract.
Prosperity member C refers A and B to Frasers Property Group. A and B are the named purchasers on an Eligible Contract and settle their purchase. C is paid a referral reward in accordance with the referral reward terms when A and B satisfied all their Purchaser Conditions under the contract.
B and D jointly enter into an Eligible Contract. D could, on its own, be a Referred Purchaser however because D is purchasing with B, no referral reward is payable.
4.4 Multiple referral rewards
There is no cap on the amount, or number of, referral rewards that a Prosperity member may be paid for referring new purchasers to Frasers Property Group.
However, the referral reward is only available on the first Eligible Contract entered into by the Referred Purchaser and not on any subsequent purchases by the Referred Purchaser.
4.5 Payment of referral reward
The referral reward will be paid to the Referrer within 10 Business Days of the Purchaser Conditions in the Referred Purchaser’s Eligible Contract being satisfied.
If the Referrer is a company, the referral reward will be paid to one person that the authorised representative of the company nominates in writing.
Despite any other term or condition, no referral reward is payable:
(a) to an Agent or Agent’s Associate, when the referral is made in relation to a property:
(i) for which the Agent is eligible for a sales commission or other similar payment; or
(ii) that forms part of a Development on which the Agent is currently engaged as a selling agent; or
(b) to the current Chair or any Directors of Frasers Property Group.
5 Priority Notification and Access
On becoming a Prosperity member, members will receive:
(a) notification of any upcoming Development stage releases; and
(b) access to purchase such properties,
before they are notified, or released for sale, to the general public (unless the Prosperity member has unsubscribed from receiving these notifications or access).
Prosperity members acknowledge that Frasers Property Group officers and employees may receive the same priority notification benefit as members do.
6 Fraser World Sapphire Membership
Individual Prosperity members are eligible for 1 year of Fraser World Sapphire Membership when they satisfy all Purchaser Conditions in their first Eligible Contract. This Benefit may be redeemed once only and the individual Prosperity member must sign up for the Fraser World Sapphire Membership in accordance with its terms and conditions.
Fraser World Sapphire Membership obtained under Prosperity excludes any free nights offered as part of the Fraser World Sapphire Membership privileges.
Fraser World Sapphire Membership benefits may only be redeemed in accordance with the Fraser World Sapphire Membership terms and conditions, as amended from time to time. Further details of the membership benefits can be found at https://fraserworld.frasershospitality.com/en-US/Login/Member/MembershipPrivileges, which are subject to change.
7 Contracts that do not complete
7.1 Termination and breach of Eligible Contract
If an Eligible Contract is brought to an end before settlement for any reason or the Prosperity member breaches or defaults under an Eligible Contract, the contract will no longer be an Eligible Contract and the Prosperity member cannot rely on it for the purpose of receiving Benefits under Prosperity.
This applies, for example, when the contract has been terminated before settlement, or when the purchaser is no longer a purchaser under the contract either through nominating or assigning to an alternative purchaser.
7.2 Nomination or assignment
The original purchaser (and any Prosperity member seeking to rely on that contract) must notify Frasers Property Group in writing within 10 Business Days of entering into any documentation to effect a nomination or assignment of the contract.
In the case of nomination or assignment, the new purchaser may rely on this contract for its eligibility for Benefits, subject to the new purchaser and the contract satisfying these terms and conditions.
This section 7 applies to Company Group contracts.
8 Additional membership benefits
Frasers Property Australia may, in its discretion, notify Prosperity members from time to time of additional Benefits offered to Prosperity members by Frasers Property Group or third parties. These may be notified by email, mail or SMS (unless the Prosperity member has unsubscribed from receiving these notifications) or notified on the Prosperity website.
Each Benefit may have specific terms and conditions applicable, including a limited period or availability for that Benefit.
9 Prosperity member obligations
Prosperity members must not:
(a) act in any way that breaches these terms and conditions;
(b) abuse or misuse the Prosperity program;
(c) supply or attempt to supply false or misleading information or make a false representation to the Frasers Property Group;
(d) sell, assign or transfer, or offer to sell, assign, or transfer, the Prosperity member’s membership in Prosperity or any Benefit. Any Benefit under Prosperity is personal to that Prosperity member; or
(e) seek to obtain any commercial benefit from the Prosperity program.
A Prosperity member agrees to provide Frasers Property Group with Personal Information in order to participate in Prosperity, and to keep that information up to date.
If a Prosperity member does not provide or update the Personal Information required by the Frasers Property Group, the Prosperity member acknowledges that it may not be entitled to receive certain Benefits under the Prosperity program.
Frasers Property Australia may send electronic communications to the Prosperity member regarding third party offers, products and services available as part of Prosperity. Prosperity members can unsubscribe from such electronic communications by using the unsubscribe functionality in these communications.
A Prosperity member may cancel its membership at any time by sending an email request to email@example.com.
12 General Conditions
(a) Prosperity commenced on 1 March 2016 and all Eligible Contracts entered into on or after that date may entitle a purchaser under the Eligible Contract who is a Prosperity member to obtain Benefits.
(b) If an Eligible Contract is entered into before 1 March 2016, the contract will be an Eligible Contract only for the purpose of determining:
(i) a person’s entitlement to be a member of Prosperity; and
(ii) in respect of any Eligible Contract entered into on or after 1 March 2016, the percentage of repeat purchase reward the relevant Prosperity member is entitled to in relation to the Eligible Contract.
12.2 Prosperity Membership
The Frasers Property Group reserves the right (in its absolute discretion, and particularly in the case of a breach by a Prosperity member) to:
(a) accept or refuse to accept any person becoming a Prosperity member;
(b) exclude or withdraw a Prosperity member from Prosperity;
(c) refuse to honour any Benefit accumulated by a Prosperity member;
(d) reverse any Benefit accumulated or awarded by a Prosperity member;
(e) suspend a Prosperity member’s participation in Prosperity; or
(f) terminate a Prosperity member’s participation in Prosperity.
(a) Frasers Property Australia:
(i) reserves the right (in its discretion) to at any time:
(A) cancel, substitute or vary any of the terms and conditions of Prosperity (in whole or in part); or
(B) exclude, substitute, vary or withdraw any participating Developments (in whole or in part).
(b) Frasers Property Australia will endeavour to give Prosperity members notice of any cancellation, substitution or variation to Prosperity under this condition by either email, mail or SMS and provide notice on the Prosperity website.
(c) Benefits accumulated by Prosperity members prior to the cancellation, substitution or variation of Prosperity may still be honoured at the Frasers Property Group’s absolute discretion.
To the maximum extent permitted by law, Frasers Property Group is not liable for any cost, loss or damage incurred in connection with:
(a) any withdrawal, cancellation, variation or change to these terms and conditions;
(b) any breach of these terms and conditions by any person other Frasers Property Group; or
(c) providing, or not providing, any Benefit.
12.5 Frasers Property Group’s decisions are final
Frasers Property Group’s decision on all matters relating to Prosperity, including any dispute as to the identity of a Prosperity member or entitlement to any Benefit, is final and binding.
12.6 GST and Tax
(a) The amount of any Benefit specified in these terms and conditions (including if specified by way of a percentage of another amount or otherwise) includes the amount of any GST or similar value added tax (if any) payable or arising on or in relation to the benefit.
(b) If providing any Benefit is the consideration for a taxable supply for GST purposes, the relevant Prosperity member must deliver a tax invoice or an adjustment note to the Frasers Property Group entity who is the recipient of the taxable supply before the Prosperity member is entitled to payment of any amount in relation to any Benefit.
(c) Any tax, liability or duty in relation to any Benefit provided to a Prosperity member will be the sole responsibility of the Prosperity member. Prosperity Members should contact their accountant or taxation advisor if they have any queries relating to the tax implications of Prosperity.
12.7 Governing law
These terms and conditions are governed by New South Wales law. Any person relying on, or seeking to enforce, these terms and conditions submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
If any provision of these terms and conditions is unenforceable or invalid, it must be read down so as to be enforceable and valid. If this is not possible, the provision may be severed without affecting the enforceability or validity of the remaining provisions.
Any failure or delay by the Frasers Property Group in exercising its rights under these terms and conditions does not constitute a waiver. Any waiver by the Frasers Property Group must be in writing and signed by an authorised officer of the Frasers Property Group.
Unless otherwise stated:
(a) a singular word includes the plural, and vice versa;
(b) if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning;
(c) if an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing;
(d) all amounts stated in this document are in Australian dollars; and
(e) a reference to a statute or other law includes regulations and other statutory instruments under it and consolidations, amendment, re-enactments or replacements of any of them.
In these terms and conditions, these terms have the following meanings:
a real estate or selling agent appointed by, or receiving commissions from, the Frasers Property Group.
in relation to an individual or company includes, for example:
(i) a Related Body Corporate of the company or individual (including a body corporate of which the company or individual is a director or shareholder or has a beneficial interest);
(ii) any company or trust which the individual or company controls or influences, is a trustee of, or has a beneficial interest in; and
(iii) in relation to an individual, any immediate relative (being a parent, sibling (including step and half sibling), spouse, partner or child (including a step or adopted child)).
any benefit, privilege, promotion or reward offered under Prosperity (including the Benefits listed in section 1).
a builder who acquires an interest in one or more residential lots in any Development for the purposes of the design, construction and sale of houses on the lots, whether as a house and land package or otherwise.
any day except a Saturday, Sunday or public holiday in New South Wales.
a company Prosperity member, and its nominees which are accepted by the Frasers Property Group.
those residential developments within Australia and New Zealand nominated by Frasers Property Group from time to time as being part of Prosperity as listed here.
a contract for the purchase of a residential lot in a Development excluding any contract entered into:
(i) for the separate purchase of car spaces, storage units or commercial or industrial lots;
(ii) as a result of a tender;
(iii) by a Builder or a Builder’s Associate;
(iv) in commercial quantities by a purchaser; and
(v) by institutional buyers.
What constitutes “commercial quantities” and “institutional buyer” will be subject to the Frasers Property Group’s discretion and may depend on the type and nature of properties purchased and the purchaser.
Frasers Property Australia
Frasers Property AHL Limited ACN 008 443 696.
Frasers Property Group
Frasers Property Australia and its Related Bodies Corporate.
has the meaning given to that term in the Australian Privacy Act 1988 (Cth) and New Zealand Privacy Act 1993 and includes any similarly defined personal information in any other jurisdiction.
means, in relation to a subsequent Eligible Contract, any Eligible Contract entered into before the Eligible Contract, that is being relied on to claim a Benefit in relation to the subsequent Eligible Contract.
the Frasers Property Group’s purchaser loyalty program, the terms and conditions of which are set out in this document.
those conditions in an Eligible Contract that the purchaser must satisfy before settlement can occur (eg, finance approval). Satisfaction of the Purchaser Conditions occurs when all such conditions have been satisfied or waived.
the form require by the Frasers Property Group to be signed or completed by a Prosperity member seeking to obtain a referral reward.
the meaning given in section 4.2.
the meaning given in section 4.2.
Related Body Corporate
the meaning given in the Corporations Act 2001 (Cth).
Version 2 as at 8 February 2019.