Terms and Conditions

Standard Conditions for the Supply of Goods and/or Services
Hickinbotham Group of Companies


These Standard Conditions apply to all suppliers of Goods and/or Services by the Contractor to any entity within the Hickinbotham Group of Companies ("Hickinbotham") unless specifically excluded or varied by Hickinbotham in writing. These Standard Conditions operate to the exclusion of all other terms and conditions proposed or notified by the Contractor, irrespective of whether the Contractor terms and conditions were proposed or notified prior to or after the relevant Goods and/or Services were supplied.


  1. Authority and acceptance: Hickinbotham will not be bound by any Order unless it is issued by or on behalf of Hickinbotham. The supply of the Goods and/or Services by the Contractor constitutes acceptance by the Contractor of the Order and these Standard Conditions. If the Contractor supplies Goods and/or Services to Hickinbotham, it is agreeing to do so in accordance with and subject to the Order and these Standard Conditions.
  2. Supply of Goods and Services: The Contractor must ensure that:
    • 2.1 all Goods are new, of merchantable quality, made of good materials and workmanship, and are free from defects;
    • 2.2 all Goods are fit for the purpose, compliant with industry standards for which goods of the same kind are commonly supplied and any purpose which Hickinbotham makes known to the Contractor, and are accompanied by any necessary instructions, technical documents, operating and service manuals and applicable warranties;
    • 2.3 services are performed in a timely manner with all necessary skill, care and diligence to the reasonable satisfaction of Hickinbotham;
    • 2.4 obligations are performed in accordance with this Agreement, the scope of the Order, all applicable laws, rules, regulations, approved Codes of Practice, and all relevant policies and procedures of Hickinbotham brought to the Contractor’s attention from time to time, including but not limited to safety, health and environment policies and any site specific policies and procedures (including completing and filing a Job Safety Analysis or similar for work the subject of each Order);
    • 2.5 all necessary permits and approvals are obtained to undertake all duties and obligations under this Agreement;
    • 2.6 all necessary equipment is provided, including personal protective equipment that is fit for and appropriate to the work performed by the Contractor, materials and labour that may be required to supply the Goods and/or Services.
    • 2.7 the Goods are delivered in the quantity, at the time and to the site or delivery point specified by Hickinbotham in the Order or in accordance with any delivery instructions notified by Hickinbotham. The Contractor must take steps to ensure that the Goods are protected against all damage and deterioration during transportation;
  3. Title and Risk: Subject to clause 6 of these Standard Conditions, title to and risk in the Goods passes to Hickinbotham when Hickinbotham has taken delivery of the Goods at the site or delivery point specified or notified by Hickinbotham.
  4. The Contractor's Personnel: The Contractor must ensure that:
    • 4.1 its personnel engaged in the supply of the Goods and/or Services are trained, instructed, appropriately supervised and competent for the work to be performed by the Contractor and that all work is performed professionally, with appropriate qualifications, care, skill and diligence;
    • 4.2 it complies with any request by Hickinbotham to remove or restrict a member of the Contractor's personnel from site (without Hickinbotham having to provide a reason for that request);
    • 4.3 it is registered as an employer under the Workers Rehabilitation and Compensation Act 1986 ('Act') if required by that law, with any failure to hold or maintain that registration giving Hickinbotham the right to immediately terminate the contact for the supply of goods and/or services.
    • 4.4 if the Contractor does not employ persons to work for it, and operates its business as a sole trader, then the Contractor must supply materials for the work it is contracted to undertake for Hickinbotham that exceeds 4% of the total amount payable by Hickinbotham under the contract.
    • 4.5 For the purposes of all Work Health and Safety Laws (and the regulations), the Contractor agrees that it is in the position to be able to influence and direct the performance of the work that it is contracted to perform, and is required to meet its duty as the Primary Duty Holder under the legislation, in respect of its workers, those workers it causes to be engaged in the provision of the Goods and/or Services and those workers whose activities in carrying out the Contractor’s work are influenced or directed by the Contractor (or its personnel).
    • 4.6 The 'officers' of the Contractor meet their own work health safety obligations as concerns due diligence as required which includes knowledge of health and safety matters in the Contractor’s industry or occupation, and an understanding of the particular hazards and risks in the Contractor’s operation.
    • 4.7 The Contactor provides such supervision as is necessary to meet its primary duty of care, having regard to the training and expertise of its workers.
  5. Reporting: The Contractor must keep accurate records relating to the provision of the Goods and/or Services and it must make such records available for inspection by Hickinbotham upon the reasonable request of Hickinbotham.
  6. Inspection and acceptance of Goods: Hickinbotham will not be deemed to have accepted the Goods until it has had a reasonable time to inspect the Goods. If, on inspection, Hickinbotham finds that any Goods are unsafe or defective in design, performance or workmanship or because they do not meet Hickinbotham’s specifications, Hickinbotham may reject those Goods by returning them to the Contractor at the Contractor's cost. At Hickinbotham's option and request, the Contractor must refund to Hickinbotham any payments made by Hickinbotham in respect of any unsafe or defective Goods that Hickinbotham rejects, or replace free of charge any defective Goods that Hickinbotham rejects.
  7. Invoicing and Payment: Hickinbotham will pay the Contractor for the supply of the Goods and/or Services within 30 days of the end of the month in which Hickinbotham receives a tax invoice for the Goods and/or Services, subject to the satisfactory performance of the Contractor's obligations under the Order and these Standard Conditions and acceptance of the Goods and/or Services by Hickinbotham. The Contractor must not invoice Goods and/or Services until they have been supplied to Hickinbotham. The price payable for the Goods and/or Services will be the price notified by Hickinbotham and includes all costs, taxes and duties (including GST) and expenses incurred by the Contractor in complying with all its obligations under these Standard Conditions. The price will not vary except with the prior approval of Hickinbotham. Acceptance of Goods and/or Services by Hickinbotham after the Contractor has notified a proposed price variation is not of itself acceptance or approval by Hickinbotham of the price variation. Where the work comprising the Services that is the subject of a particular tax invoice issued to Hickinbotham has been performed solely by a single natural person, then that tax invoice must include a written declaration by the Contractor to that effect. Where two or more persons have been involved in performing the work on behalf of the Contractor (including, where the Contractor is a sole trader, the Contractor and at least one other person), then no such declaration is required.
  8. The Contractor must not sub-contract any part of the supply of Goods and/or Services without Hickinbotham’s written consent, and on the express condition that the subcontracted party accepts these Standard Conditions as if it were the original contracting party to Hickinbotham.
  9. Confidentiality: The Contractor must not, and must ensure that its employees, agents and sub-contractors do not, without the prior written approval of Hickinbotham, at any time use, disclose or give to any person any Confidential Information (defined below). This clause does not apply to Confidential Information that the Contractor proves is in the public domain other than as a result of a breach of this clause or is required to be disclosed by any applicable law or the listing rules of any applicable stock exchange.
  10. Intellectual Property: The Contractor assigns to Hickinbotham all Intellectual Property Rights that may be created in the course of or in connection with the provision of the Services, effective immediately on the creation of any such Intellectual Property Rights. The Contractor must do all things necessary to ensure that Hickinbotham obtains and protects all Intellectual Property Rights referred to in this clause including, where necessary, obtaining an assignment of rights (including moral rights) from any personnel of the Contractor. The Contractor agrees that in the course of or in connection with providing the Services, it will not do any act or thing which may infringe any Intellectual Property Rights of Hickinbotham or any third party.
  11. Insurance: The Contractor must, before commencing supply of the Goods and/or Services, effect and maintain all insurances which would ordinarily be maintained by a prudent supplier of the Goods and/or Services and must note thereon the interest of Hickinbotham.
  12. Indemnity: Without limiting Hickinbotham’s other rights and remedies, the Contractor indemnifies and will keep indemnified Hickinbotham, its agents, sub-contractors and Related Bodies Corporate and any employees of any of them from and against any loss, damage, expense (including lawyer's fees and expenses on an indemnity basis) claim, demand or liability made or incurred as a result of or in connection with:
    • 12.1 the negligent act or omission, or wilful act or omission of the Contractor or its employees, agents or sub-contractors;
    • 12.2 personal injury, death or property loss or damage suffered by any person arising out of or in connection with the Goods or Services provided by the Contractor; and
    • 12.3 any infringement or alleged infringement of Intellectual Property Rights arising out of Hickinbotham’s use of the Goods and/or Services.
  13. Termination: Hickinbotham may terminate an Order at any time by written notice to the Contractor of 14 days. Upon such termination, the Contractor will no longer be required to supply, and Hickinbotham will no longer be required to receive and pay for, the Goods and/or Services the subject of the Order.
  14. Notices: Any notice, approval, consent or other communication must be in writing and sent by pre-paid post, facsimile or email to the address, facsimile number or email address notified in writing by the party to whom the notice is addressed.
  15. General:
    • 15.1 Set off: Hickinbotham may deduct from any amounts due to the Contractor any amounts due from the Contractor to Hickinbotham.
    • 15.2 Governing law: The governing law of these Standard Conditions is the law of South Australia and the parties submit to the exclusive jurisdiction of the Courts of South Australia.
    • 15.3 Variation: A variation of any term of these Standard Conditions must be in writing and signed by the parties.
    • 15.4 Severance: Any provision of, or the application of any provision of these Standard Conditions which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
    • 15.5 Entire agreement: These Standard Conditions and the Order constitute the entire agreement between the parties for the Goods and/or Services and supersedes all previous agreements, proposals, representations, correspondence and discussions in connection with the Goods and/or Services.
  16. Definitions and Interpretation: In these Standard Conditions:
    • 16.1 Confidential Information means whether or not in material form, all information relating to the business dealings, contracts, customers, suppliers, computer operations, house designs and marketing, sales and business plans and financial data of Hickinbotham and any Related Body Corporate of Hickinbotham;
    • 16.2 Contractor means the person or business from whom Hickinbotham has requested the supply of Goods and/or specialist expertise in the provision of Services the subject of the Order;
    • 16.3 Goods means the goods to be provided by the Contractor to Hickinbotham as described in the Order;
    • 16.4 Hickinbotham Group of Companies means Construction Services Australia Pty Ltd (ACN 007 641 787) and its Related Bodies Corporate;
    • 16.5 Intellectual Property Rights means: patents, trade marks, service marks, rights in designs, trade names and copyright (including future copyright), in each case whether registered or not, and any applications for registration of any of them; rights under licences and consents in relation to any of them; and all forms of protection of a similar nature or having equivalent or similar effect to any of them which may subsist anywhere in the world;
    • 16.6 Order means any request for Goods and/or Services (whether in electronic, written or other form) issued by Hickinbotham to the Contractor;
    • 16.7 Related Body Corporate has the meaning given by the Corporations Act 2001 (Cth);
    • 16.8 Services means the services to be performed by the Contractor, as set out in the Order, and any services necessarily incidental to them;
    • 16.9 Standard Conditions means the conditions set out in this document, as amended from time to time; and
    • 16.10 If there is any inconsistency between these Standard there is any inconsistency between these Standard Conditions and an Order, the conditions in the Order will prevail to the extent of the inconsistency.

Updated – 15 May 2013

House and land packages


COMPANY LAND:

Conditions apply. Certain elevations may not match the particular floorplan published in this package, as such all floorplans and elevations are for illustration purposes only. Land subject to availability. The Hickinbotham Group makes no representation and, to the extent permissible at law, we disclaim all liability as to the suitability of the land to build on, or the suitability of any house design, or otherwise. You must satisfy yourself of that by inspection, or by taking professional advice, or otherwise. Pricing is indicative and based on standard costings. Price may vary depending on selections, engineering, council and utility requirements and adjustments to allowances. All packages subject to final council approval.


NON COMPANY LAND:

Conditions apply. Certain elevations may not match the particular floorplan published in this package, as such all floorplans and elevations are for illustration purposes only. Land subject to availability. The land referred to in this promotion is not owned by us. The Hickinbotham Group makes no representation and, to the extent permissible at law, we disclaim all liability as to the suitability of the land to build on, or the suitability of any house design, or otherwise. You must satisfy yourself of that by inspection, or by taking professional advice, or otherwise. Pricing is indicative and based onstandard costings. Price may vary depending on selections, engineering, council and utility requirements and adjustments to allowances. All packages subject to final council approval.

Zero savings promotion


Based on $300,000 house and land package. Must be eligible for first home owners grant, must meet mortgage lenders’ criteria and available on selected land only. $5000 in addition to first home owners grant includes builder’s deposit, lender’s deposit and all purchase/finance costs. Not valid with any other offer.

18 Week build time


Conditions of Eligibility
Your house is eligible for the 18 Week Build Time Guarantee (Guarantee) if the proposed house fulfills the following conditions:


  • The house is one of our standard designs;
  • The house is in the Adelaide metropolitan area;
  • The house is a single story house;
  • The house is not a split level house;
  • The house does not require retaining walls;
  • The house does not include a driveway, paths, stormwater, floor coverings, skillion roofs, glass splashbacks, solid surface benchtops, or frameless shower screens, and the terms set out below are met.

Terms of the Guarantee
If your house is eligible for the Guarantee, then Construction Services Australia Pty Ltd will guarantee to complete the construction of your house within eighteen (18) weeks of commencing its construction (as described below) (Guaranteed Build Time).

However, where the progress of construction is delayed by one of the causes set out in clauses 6.1 or 6.2 of the Building Agreement, your house will no longer be eligible for the Guarantee.

Construction of a house commences on the day the slab of the house is poured.

Construction of a house concludes on the day that Statesman Homes delivers a Certificate of Practical Completion in accordance with clause 15.1 of the Building Agreement.

Effect of Breach of the Guarantee
If the Guarantee is not met, Construction Services Australia Pty Ltd will pay you $300 for each complete week from the expiration of the Guaranteed Build Time until the day construction of the house concludes, for a maximum of six (6) weeks. Such payment will be the full extent of Construction Services Australia Pty Ltd's liability to you for failing to meet the Guarantee.

The payment will take the form of a deduction from the final progress payment required to effect formal handover of the house.


* Available for all contracts signed from 1st February 2011

Money back guarantee


Guarantee valid for four weeks from the date of quotation and not valid in relation to any other Construction Services Australia Pty Ltd associated builder.

Low deposit finance -
Just $5000 gets you started


$5,000 low deposit offer is based on $320,000 house and land package from a particular lender. Must be eligible for First Home Owners Grant. Must meet mortgage lenders' criteria including eligibility for a Graduate Loan. Available on selected land only. $5000 in addition to first homeowners' grant includes builder's deposit, lender's deposit and all purchase/finance costs. Not valid with any other offer. Offer subject to lender’s terms and conditions.

Huge Discount – Save up to $45,600


* Conditions apply, discount valid till 28 February 2014 only. “Huge DiscountS” sale is based on an Adelaide Mk 11 split built in The Rise at Victor in Hayborough. Clients may qualify for all or part of the promotion. $45,600 totalled from Statesman Homes house and land promotions and $15,000 first home owners grant. Land subject to availability. Not valid with any other offer. Grants subject to eligibility criteria, see RevenueSA website for full details. Prices may change without notice.

$42,000 grants and discounts


* Conditions apply. Valid for a limited time only. Clients may qualify for all or part of the promotion. Grants subject to eligibility criteria. $42,000 totalled from Statesman home and land promotions, $15,000 first home owners grant.

$25,000 of free extras


*Conditions apply. The $25,000 of free extras is based on the Hammond Alfresco and the value of the upgrades may change according to house design. The $25,000 of free extras offer is not redeemable for cash or credit. Credit will not be given for the exclusion of any upgrade within the offer. If a promotional product is sold out or superseded, Statesman Homes reserves the right to substitute an item of equal value. Travel charges may apply to outer metro areas. Not valid with any other offer. Limited offer, valid till 11 April 2015. All pictures, plans and elevations are for illustration purposes only.

Rinnai Natural Gas Fireplace Promotion


*Conditions apply. All pictures, plans and elevations are for illustration purposes only. + Conditions apply. Limited offer. Only 25 available. Only to natural gas connected properties. Offer valued at over $5,300. Recommended to be installed in rooms over 25 square metres. Offer only available in metropolitan areas. ^ E&OE STAAPR15 BLN G8969 © COPYRIGHT 2015 STATESMAN HOMES.

Free Solar System


*Conditions apply. All pictures, plans and elevations are for illustration purposes only. +This offer is limited to the first 20 clients who sign contracts in the promotion period ending 7 September 2015. This offer is subject to orientation and roof space of the property. All calculations are estimates only and will depend on individual circumstances. Offer only available within 50km radius of Adelaide CBD. Offer limited to single storey homes. Not available with any other offer. Offer does not include the cost of the connection of the import/export meter. E&OE STAAUG15 BLN G8969 ©COPYRIGHT 2015 STATESMAN HOMES.

Privacy



THE HICKINBOTHAM GROUP PRIVACY POLICY

The Hickinbotham Group is committed to ensuring the privacy of personal information of individuals with whom we deal.  This policy details how we manage the personal information we hold about you.
We are bound by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Act).  The APPs regulate the collection, handling, use and disclosure of personal information, and allow you to seek access to and update your personal information, or complain about a breach of the APPs.
The Act defines ‘personal information’ as information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether recorded in a material form or not.
We reserve the right to change this policy from time-to-time as required.  We encourage you to check our website for any updates to our policy from time-to-time.

Who is the Hickinbotham Group?

The Hickinbotham Group is comprised of Hickinbotham Holdings Pty Ltd (ACN 007 717 446) and its related entities, collectively referred to in this document as ‘we’, ‘us’ or ‘our’.  

Collection of personal information

The kinds of information we typically collect include name, address, phone number, email address, place and type of business and other information relevant to providing you with our services and products and to assist with our customer relationship management and market research functions.  
As much as possible, we collect this information from you personally through the use of any of our standard application forms, in meeting with you, over the internet, via email or through a telephone conversation with you.
There may also be circumstances where we collect information about you indirectly from third parties. Should we collect your information indirectly, we will contact you as soon as reasonably practicable and notify you as to how we collected the information and for what purposes it will be used.

Use and disclosure of personal information

We will only collect personal information about you where we consider it is necessary or desirable for one or more of our business activities or functions. The kinds of activities the personal information is used for include:

  • providing you with products and services such as house and land packages, plans and specifications, and new housing developments;
  • providing you with information about our products and services and related products and services we consider may be of interest to you;
  • refining our products and services; and
  • facilitating our internal business operations including the fulfilment of any legal requirements. 

Information we collect may be disclosed to entities within the Hickinbotham Group and third parties that we engage to assist in the delivery of our products and services. We engage third parties on contractual terms to ensure the security and privacy of any personal information that we provide to these third parties.
Third party service providers may hold or process data off-shore. Where personal information is transferred or disclosed overseas, we will take all reasonable steps to ensure that the information transferred or disclosed is subject to laws and requirements equivalent to the APPs.  We will also use all reasonable efforts to ensure that the information that it has transferred will not be held, inappropriately used or disclosed by the recipient of the information.
We do not use your personal information for any other purpose without your consent. However, we reserve the right to use or disclose your information where required or permitted by Australian law or court order.

Anonymity and pseudonymity

You may choose to deal with us on an anonymous basis or use a pseudonym. However, in some instances if you do not provide us with the personal information we require, we may not be able to provide you with the full range of products and services we offer.   

Direct marketing

From time to time we may use personal information that we have collected from you to provide you with information about products and services which we expect to be of interest to you. At any time you may choose to opt-out of receiving such material and information by using the opt-out facilities provided within email communication, or by contacting us using the details set out below.

Security

We will take necessary precautions to ensure your personal information (in both physical and electronic form) is stored in a safe and secure environment and protected from misuse, loss or unauthorised access.  
We will take all reasonable measures to ensure that the personal information we hold about you is accurate, complete and up-to-date. Any personal information held by us will be destroyed or permanently de‑identified when it is no longer needed for any purpose for which we might legitimately use or disclose it and it is no longer required to be held by us as a matter of law.

Access, correction and complaints

You can contact us to request access to personal information we may hold about you, seek correction to personal information, or to make a complaint about a breach of the APPs or any other matter concerning the handling of your personal information by us.  Such requests or complaints should be made in writing and addressed to our Privacy Officer, using the details set out below.
The Privacy Officer will establish the identity of the individual before dealing with any request or complaint and may therefore ask questions which relate to the personal information held. We may refuse a request for access to personal information in circumstances prescribed by the Privacy Act.

We encourage you to update us so that the information we hold about you is accurate, current and complete. Should we receive a request to correct information that we hold about you, we will take reasonable steps to correct your information, or where we cannot agree to a correction, we will attempt to flag or mark the stored information with a note to the effect that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading (as the case may be).

Website

We collect no personal information about you when you visit the website unless you choose to provide this information to us. We take care to ensure that the personal information collected from and managed via our website is collected and managed in the same manner as other personal information.  
From time to time we may collect certain tracking information from the way in which people use our website (for example by using ‘cookies’).  This information is collected for the purpose of improving the usefulness and usability of the site. None of this information identifies users personally.  
Links from this web site to other sites outside of our control are for the convenience of the user. We do not accept responsibility for the privacy practices or content of those websites and you will need to contact or review those websites directly to ascertain the privacy policies of those organisations.

Contacting us

Should you require further information about our Privacy Policy, wish to make a request or complaint, or would like to opt out of receiving certain communications or information, you may contact:

The Privacy Officer
The Hickinbotham Group
PO Box 63
Stepney
South Australia 5069

Phone: (08) 8366 0000
Email: info@hickinbotham.com.au

If your concerns are not resolved to your satisfaction or you would like further information in regards to the Privacy Act, the matter can be referred to the Office of the Australian Information Commissioner by telephone number 1300 363 992.

House pricing



Individual prices may change without notice. The base price of all house designs as shown on “Home Designs” pages does not always include car accommodation. Please note that prices do not include siteworks and footings above standard, elevation treatments, slab to alfresco areas, concrete paving to carports (verandah and porch slabs as per individual floor plan), floor coverings, light fittings, window treatments, furniture, pergolas or other display items. All floorplans and elevations pictured are for illustration purposes only. Please refer to the working drawings you receive upon signing a contract for precise measurements. To the extent that there is any conflict between the material contained on this website and the contract of sale, the purchaser acknowledges that the terms of the contract of sale will at all times prevail. E&OE

Luxury Kitchen Upgrades



Conditions apply. All pictures, plans and elevations are for illustrate purposes only. The $14,000 of Luxury Kitchen Upgrades is based on the Hammond Alfresco and the value of the upgrades may change according to house design. The $14,000 of Luxury Kitchen Upgrades is not redeemable for cash or credit. Credit will not be given for the exclusion of any upgrade within the offer. If a promotional product is sold out or superseded, Statesman Homes reserves the right to substitute an item of equal value. Travel charges may apply to outer metro areas. Not valid with any other offer. Limited offer, valid till 11th April 2016. E&OE STASEPT15 BLN G8969 ©COPYRIGHT 2016 STATESMAN HOMES.

Get Packing Promotion



Licence No: [T15/1692]

Licensee: Construction Services Australia Pty Ltd (ABN 99 007 641 787)

TERMS AND CONDITIONS

PROMOTER

  1. The promoter is Construction Services Australia Pty Ltd (ABN 99 007 641 787) of 25 North Terrace, Adelaide SA 5069, Australia trading as ‘Statesman Homes’ (“Promoter”).

CONDITIONS OF ENTRY

  1. Participation in this promotion constitutes acceptance of these Terms and Conditions and any other terms and conditions appearing on the Promoter’s website

(http://www.statesman-homes.com.au/t_and_c) (“Website”) relating to this promotion. Information on how to enter and the prize form part of these Terms and Conditions.

  1. The promotional period will commence at 12:01am ACST on 11th October 2015 and end at 11:59pm ACST 15th November 2015 (“ Promotion Period”).

WHO MAY ENTER

  1. All South Australian residents aged 18 and over who, during the Promotion Period:

    (a) make a payment to the Promoter pursuant to a Preliminary Work Agreement which payment must be received by the Promoter (in clear funds) during the Promotion Period; and

    (b) sign a contract with the Promoter for the building of a new home from the “Statesman Homes” Range (“ Building Contract”),

(“Eligible Entrants”)

will automatically enter the promotion on the terms set out in these Terms and Conditions. For the avoidance of doubt, there will be one Eligible Entrant for each Building Contract.

  1. Employees or contractors of the Promoter or the associated companies or agencies of the Promoter, or suppliers of prizes to the Promoter, or the immediate family of such persons, are not eligible to enter this promotion. "Immediate family" means spouse, parent, child or sibling, whether or not they live in the same household.

HOW TO ENTER

  1. The Promoter will publish the promotion in the Sunday Mail Home Liftout on 11th of October 2015 launching the promotion. This will be in conjunction with a radio advertisement making the general public aware of the promotion.

  2. Entries that do not comply with these Terms and Conditions or received after the Promotion Period will not be eligible for this promotion.

  3. The Promoter reserves the right, at any time, to verify the validity of entries (including an entrant’s identity, age and place of residence) and to disqualify any entrant whose entry is not in accordance with these Terms and Conditions, who the Promoter has reason to believe has breached any of these Terms and Conditions, who tampers with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Entries containing errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation arising out of any such an offence are reserved.

PRIZES

  1. There will be two (2) prizes on offer. Each prize is one (1) Phil Hoffman travel voucher to the value of $15,000 (inclusive of GST).

  2. The total prize pool value is $30,000 (inclusive of GST).

  3. The prizes must be taken as offered and are not exchangeable, transferable, or redeemable for cash or for resale. In the event that the prizes are unavailable, the Promoter reserves the right to substitute a prize of equal or greater value.

  4. All other costs associated with the prize are the responsibility of the winning entrant (Winner).

  5. To redeem the prize, the Winner must contact Phil Hoffman Travel and travel bookings will be subject to the terms and conditions printed on the prize (if applicable), the standard booking terms and conditions of Phil Hoffman Travel, and may be subject to additional terms and conditions imposed by third parties. The Winner must become acquainted with any such additional terms and conditions prior to accepting the prize. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the prize, or for the breach of those conditions by any person.

  6. Entrants acknowledge that there may be inherent risks in participating in the prize. By entering this promotion and/or accepting the prize, entrants accept that risk. The Promoter recommends that the Winners take out appropriate travel insurance in respect of the prize. The Promoter takes no responsibility for any personal injury or in respect of any personal belongings, goods or equipment damaged or lost in transit during any prize activity.

SELECTION OF WINNER

  1. There will be two (2) Winners for the Promotion Period.

  2. Drawing of the winning entries will be conducted manually via a random draw at the Promoter’s offices at 25 North Terrace, Adelaide SA 5069 on 23 rd November 2015 at 2pm.

  3. Each entry has an equal chance of winning a prize.

  4. The prize will not be provided to the Winner until such time that the Winner has paid to the Promoter the first progress payment under the Building Contract. If, for whatever reason, the Building Contract is terminated prior to the provision of the prize by the Promoter to the Winner, the Winner will not be entitled to the prize and will have no claim against the Promoter.

  5. The result of the promotion, including the determination of the correct entries and the Winner, is final and binding, and the Promoter will not enter into any correspondence regarding the result.

NOTIFICATION OF WINNER

  1. The Promoter will attempt to notify each of the Winners by phone and by mail within 14 days of the draw.

  2. The Promoter will make every reasonable effort to contact the Winners. However, if the prize remains unclaimed for a period of three (3) months of the date of the draw, the prize will be forfeited and may be used or distributed by the Promoter at the absolute discretion of the Promoter.

  3. The names and addresses of the Winners will be published on the Promoter’s Facebook Page and in the Advertiser on the 4th of December.

  4. The Winners may be asked for proof of identity, age or residence to confirm eligibility.

  5. Subject to proof of eligibility, prizes will be collected by the Winner from 25 North Terrace, Hackney SA 5069.

  6. The Winners agree to the use of their name, image and photograph/s for publicity and promotional purposes, without compensation, and agree that the Promoter will own copyright in any such images and photograph/s and in all material incorporating the photograph/s.

PRIVACY

  1. In order for entrants to participate in this promotion, the Promoter may collect the name, home address, age, email, address and telephone number of each entrant (Personal Information). Any Personal Information will be dealt with in accordance with the Promoter’s Privacy Policy published on the Website. The Personal Information is collected to enable the Promoter to administer the promotion and identify the Winner as an Eligible Entrant.

  2. By entering this promotion, those entrants who provide Personal Information consent to the use of their Personal Information for future marketing and promotional purposes of the Promoter and its associated entities. Winners agree that their identities may be disclosed in the Promoter’s promotional materials, on the Promoter’s Facebook Page and the Website. Personal Information will not be used for any other purpose.

  3. Any person may opt-out of receiving future advertising material by email at any time by sending an email with the subject heading "unsubscribe from future advertising material" to marketing@hickinbotham.com.au.

  4. For further information, please refer to the Promoter's Privacy Policy which is published on the Website.

LIMITATION OF LIABILITY

  1. The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any goods or services offered as prizes. To the extent permitted by law, the Promoter is not liable for any loss suffered to person or property by reason of any act or omission, deliberate or negligent, by the Promoter, its employees, agents or contractors, in connection with the arrangement for the supply of goods and services by any person to the prize winner or by use of the prizes. This clause does not affect any rights an Eligible Entrant may have which are unable to be excluded under Australian law. To the fullest extent permitted by law, any liability of the Promoter, its employees, agents and contractors for breach of any such rights is limited to (at the election of the Promoter) the re-supply of the relevant prize or the payment of the costs of having the relevant prize supplied again.

  2. If, for any reason, the promotion does not run for its duration due to a computer virus, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter that corrupts or affects the administration, security, fairness, integrity or proper conduct of the promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion or disqualify any individual who tampers with the entry process. The Promoter is not responsible for any:

    1. Malfunction, delay or traffic congestion on any network or line, computer on-line system, servers or providers, computer equipment, software, or website;

    2. Failure of any email or entry to be received by the Promoter; or

    3. Injury or damage to entrants or any other person related to or resulting from participation in the promotion or downloading any materials for the promotion;

      Subject to State Regulation.

  1. In the case of the intervention of any outside agent or event which naturally changes the result of the promotion or prevents or hinders its determination, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest or strikes; the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, Subject to State Regulation.

  2. No responsibility is taken by the Promoter for late, lost or misdirected entries.

  3. If the Promoter is prevented from or delayed in performing an obligation by an event beyond the reasonable control of the Promoter (“ Force Majeure”), the obligation is suspended during but for no longer than the period the Force Majeure continues and any further period that is reasonable in the circumstances, Subject to State Regulation.

Orleana Waters $21,000 Free Upgrades


*Conditions apply. The $21,000 of upgrades is based on the Hammond Alfresco and the value of the upgrades may change according to house design. The upgrade offer is not redeemable for cash or credit. Credits will not be given for the exclusion of any upgrade within the offer. If a promotional product is sold out or superseded, Statesman Homes reserves the right to substitute an item of equal value. Travel charges may apply to outer metro areas. 2 storey and split level designs are not eligible for this offer. Not valid with any other offer. Only 30 available. Valid till 15 November 2015. All pictures, plans and elevations are for illustration purposes only. License Number T15/1692 ^Conditions apply. See www.statesman-homes.com.au for details. E&OE STAOCT15 BLN G8969 © COPYRIGHT 2015 STATESMAN HOMES.

Free Ducted Air Con


*Conditions apply. Homes over 240sqm of living area, split level and 2 storey are not eligible for this offer. Any extra outlets or zones added to the systems will occur extra costs. Travel charges may apply to outer metro areas. Offer not valid with any other promotion. Subject to availability. All pictures are for illustration purposes only. Offer valid until 12 March 2017. E&OE BLN G8969 STAFEB17.

$20,000 Upgrade Bonus


*Conditions apply. The $20,000 of upgrades is based on the Hammond Alfresco and the value of the upgrades may change according to house design. The upgrade offer is not redeemable for cash or credit. Credits will not be given for the exclusion of any upgrade within the offer. If a promotional product is sold out or superseded, Statesman Homes reserves the right to substitute an item of equal value. Travel charges may apply to outer metro areas. 2 storey and split level designs are not eligible for this offer. Not valid with any other offer. Only 30 available. Valid till 13 March 2016. All pictures, plans and elevations are for illustration purposes only. E&OE STAMAR16 BLN G8969 © COPYRIGHT 2016 STATESMAN HOMES.

Luxury Upgrades


*Conditions apply. The $22,000 of upgrades is based on the Hammond Alfresco and the value of the upgrades may change according to house design. The upgrade offer is not redeemable for cash or credit. Credits will not be given for the exclusion of any upgrade within the offer. If a promotional product is sold out or superseded, Statesman Homes reserves the right to substitute an item of equal value. Travel charges may apply to outer metro areas. 2 storey and split level designs are not eligible for this offer. Not valid with any other offer. Only 30 available. Valid till 9 April 2017. All pictures, plans and elevations are for illustration purposes only. E&OE STAMAR17. BLN G8969 © COPYRIGHT 2017 STATESMAN HOMES.

Save Thousands


*Save Thousands Offer consists of 3 separate packages to purchase at a set price. Either free for an External Finishes package, $3,000 for a 3kW Solar System plus the External Finishes package or $10,500 for the Luxury Internal Finishes plus 3kW Solar System and External Finishes. The offer is not redeemable for cash or credit. Credits will not be given for the exclusion of any upgrade within the offer. The $31,000 of upgrades is based on the Hammond Alfresco design and the value of upgrades may change according to house design. Travel restrictions and charges may apply to outer metro areas. All images are for illustration purposes only and may feature items that are not included in this promotion. If a promotional product is sold out or superseded, Statesman reserves the right to substitute an item of equal value. 2 storey and split level designs are not eligible for this offer. Offer not valid with any other promotion. For full details on this promotion, visit statesman-homes.com.au. Subject to availability. Offer valid until 5 November 2016. E&OE BLN G8969

$24,000 Upgrade Bonus


*Conditions apply. The $24,000 of upgrades is based on the Hammond Alfresco and the value of the upgrades may change according to house design. The upgrade offer is not redeemable for cash or credit. Credits will not be given for the exclusion of any upgrade within the offer. If a promotional product is sold out or superseded, Statesman Homes reserves the right to substitute an item of equal value. Travel charges may apply to outer metro areas. 2 storey and split level designs are not eligible for this offer. Not valid with any other offer. Only 30 available. Valid till 18 June 2017. All pictures, plans and elevations are for illustration purposes only. E&OE STAMAY17 BLN G8969 © COPYRIGHT 2017 STATESMAN HOMES.