TERMS OF USE

Terms of use apply to this website operated by Ruby Developments Pty Ltd trading as Living Gems ABN 54111767410 under the domain name www.livinggems.com.au (website).

Ruby Developments and Living Gems (referred to as we, us, our) includes the operating entities listed at www.livinggems.com.au.

By proceeding beyond the homepage you agree to accept these Terms of Use and we agree to grant you a non-exclusive, non-transferable licence to use this website in accordance with the conditions set out below.

We may revise these Terms of Use without notice and such revision will take effect when it is posted on this website. Continued use of this website is regarded as acceptance of the Terms of Use.

In addition to the provision of the website terms of use, there may be specific and additional terms that apply to certain sections of this website. Specific and additional provisions apply to your use of those sections. We recommend you review them wherever they appear. In the event of any inconsistency between the provision of Website Terms of Use and specific and additional provisions, the specific and additional provisions will prevail.

Copyright and submitted material

All material and information on this website including without limitation any logo, design, text, graphic and their arrangement (Content) are licensed to or owned by a member of Ruby Development Pty Ltd. Unless we indicate otherwise you must not copy, distribute, republish, download, display, post or transmit the content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior permission or the written permission of the copyright owner. You may access and use the content and this website for personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the content.

You acknowledge and agree that if you contribute content to the website, such content becomes our property and you hereby assign all rights, title and interests in and to such contributions to us. We reserve the right to remove any content from the website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason.

Any comments or materials sent to us through the website including feedback data, questions, comments and suggestions (collectively feedback), will be deemed to be non-confidential. We have no obligation of any kind with respect to such feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative work and distribute the feedback to others without limitation. We are free to use ideas, concepts, know-how or techniques contained in such feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such feedback.

Trade marks

Ruby Developments and all Living Gems Resorts are the registered trademarks. Any other trademarks appearing on this website are the trademarks of the relevant owners. You must not use any trademarks that appear on this website without the written consent of the trademark owner.

Links

We may provide links on this website to the websites of third parties. However, you acknowledge and agree that we have no control over and do not monitor these third party websites. We make no representations about and cannot accept any liability for these websites. A link to a third party website does not mean that we endorse the content of that website. Your access to third party websites may be governed by their own terms of use. You may not create a link to this website from another website or document without our prior written consent.

Privacy

Ruby Developments treats personal data with respect and integrity. The Website Privacy Statement applicable to this website explains how personal data will be treated as you access and interact with this website. It can be accessed at www.livinggems.com.au.

User conduct

You are responsible for your activity in connection with accessing the website. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your access to the website. You may not post or transmit or cause to be posted or transmitted any communication or solicitation designed or intended to obtain personal data from any website user.

In accessing this website, you must not:

• disrupt or interfere with the website or any services, system resources, accounts, servers or networks connected to or accessible through this website or linked websites;
• disrupt or interfere with any other users’ enjoyment of this website or linked websites;
• use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the website or any of the content without our prior written permission;
• take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website;
• reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the website;
• use the website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that is deemed threatening or obscene or engage in any kind of illegal activity;
• engage in any kind of illegal, criminal or tortuous activity through the use of the website including infringement of any third party intellectual property rights (including without limitation copyright, trademarks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code;
• attempt to obtain unauthorised access to this website or parts of this website that are not opened to public access; or post or transmit to or via this website any material that may infringe the intellectual property rights of any third party or any defamatory, derogatory or offensive material or publication.

If we issue you with a password that permits you to access certain parts of this website, you are solely responsible for any use of the Website through such access, authorised or not.
You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

Indemnity

You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the website, your breach of these Terms of Use or your breach of any rights of third parties.

Warranties and disclaimers

The content and this website are provided as is and as available. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose or non-infringement. We do not warrant that this website or the server that operates it is free from virus or other corrupted materials or occasional outages or disruption to service that prevent access or that use of this website will be compatible with the hardware and software you use to access it. You assume the entire cost of all necessary servicing, repair or correction. We do not warrant or make any representations regarding the use or the results of the use of the content or this website in terms of correctness, accuracy, reliability or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

We reserve the right to make any change to the content without notice. We may also make improvements or changes in the products or programs described in the content at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the content.

The content may contain general information about our products and services. Unless expressly stated otherwise the content does not:

• constitute an offer or inducement to enter into a legally binding contract;
• form part of the terms and conditions for our products and services;
• purport to provide you with personal financial or investment advice of any kind; or
• take account of your particular financial position or requirements.

The website may include information about stocks and their prices. The information made available on stock prices on the website does not reflect the current or real time price of the stock. Images and diagrams on this website are intended to be a visual aid only and do not necessarily accurately depict the object described.

Your use of this website including all content, data or software distributed by, downloaded or accessed from or through this website is at your own risk. Before taking or refraining from any action in reliance on the content or this website, you must make and rely on your own enquiries in relation to and in evaluation of the content including any information, predictions, opinions and statements contained in this website.

Limitation of liability

Subject to any responsibilities implied by law and which cannot be excluded, we (including, in this limitation of liability clause, our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the content or this website (or material accessed via this website) or to access of the website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law any liabilities imposed on us or implied in these terms of use, under any law are hereby excluded.
If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, under the Trade Practices Act 1974 in Australia, our liability for any breach of a condition or warranty that is implied by law and cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our election):

• resupplying goods or services to you or supplying equivalent goods;
• repairing the goods or paying the cost of having the goods or services resupplied or goods repaired.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Trade Practices Act or any other legislation which may not be excluded, restricted or modified by agreement.

Termination and suspension

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this website at any time. For example, if your server is involved in any attack on any computer system with or without your knowledge or complicity that server may be blocked or its access to the website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these terms of use shall survive termination including without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

Severability

If any parts of these terms of use are deemed unlawful, void or for any reason unenforceable then provision may be severed from these terms of use. This will not affect the validity and enforceability of the remaining provisions.

Waiver

No waiver by us of our rights under these terms of use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

Currency

A reference to $ or dollars throughout this website is a reference to Australian currency unless stated otherwise.

Applicable law

These terms of use are governed by and construed in accordance with the laws of Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Australia.

Competition

Ruby Development Pty Ltd (ACN 111 767 410) and its Related Bodies Corporate (as defined under the Corporation Act 2001 (Cth)) (Living Gems, we, us or our) is committed to protecting the privacy of individuals and their personal information and complies with the Privacy Act 1988 (Cth) (Privacy Act).

Please read this carefully as it will have important consequences for you in relation to the collection, use and disclosure of your personal information you provide to Living Gems.

1. Living Gems is the party who is collecting your personal information and can be contacted at [email protected] or alternatively you can write to us at Living Gems Head Office (Sapphire Gardens Resort) 196 Logan Street, Eagleby Qld 4207 
2. We collect your personal information directly from you.  In certain circumstances, Living Gems may be required to collect personal information about you from third party service providers.
3. We collect your personal information in order to manage and facilitate the competitions you have entered and shall include but is not limited to:
   1. we may not be unable to accept your competition entry, your entry may be disqualified or we may be unable to deliver your prize if you are the winner; and
   2. we will be unable to send you direct marketing communications (unless you have consented to such communications through your other dealings with Living Gems).
4. If we do not collect this personal information in connection with the purposes in paragraph 3, or if the information is incorrect or incomplete then:
   1. we may not be unable to accept your competition entry, your entry may be disqualified or we may be unable to deliver your prize if you are the winner; and
   2. we will be unable to send you direct marketing communications (unless you have consented to such communications through your other dealings with Living Gems).
5. We may disclose your personal information to the following classes of people and organisations in connection with the purposes in paragraph 3: 
   1. Living Gems, its personnel and related entities;
   2. our contractors, agents or third party providers of Living Gems who may be involved in the competition or who may assist Living Gems in providing our products and services to you, including but not limited to any IT service providers; and
   3. any other organisation as expressly covered in our Privacy Policy
6. We do not disclose or hold your personal information outside of Australia.
7. Our Privacy Policy sets out the process as to how you can access and correct any of your personal information collected by us, how you can make a complaint if you consider we have breached the Privacy Act in the handling of your personal information. Our Privacy Policy is available at www.livinggems.com.au or you can request a copy from us at the above address.

By continuing with your entry into the competition indicates that you that you have read this collection notification and acknowledge that your personal information will be collected, used and disclosed in accordance with this collection notice and as otherwise detailed in our Privacy Policy and, to the extent it is necessary, that you give your voluntary express consent to us collecting, using, storing, disclosing and disposing of your personal information in this manner.

Job Applicants, Employees and Contractors

Living Gems Administration Pty Ltd (ACN 619 776 948) and its Related Bodies Corporate (as defined under the Corporation Act 2001 (Cth)) (Living Gems, we, us or our) is committed to protecting the privacy of individuals and their personal information and complies with the Privacy Act 1988 (Cth) (Privacy Act).

Please read this carefully as it will have important consequences for you in relation to the collection, use and disclosure of your personal information you provide to Living Gems.

1. Living Gems is the party who is collecting your personal information and can be contacted at [email protected] or alternatively you can write to us at Living Gems Head Office (Sapphire Gardens Resort) 196 Logan Street, Eagleby Qld 4207.
2. We will collect your personal information directly from you.  In certain circumstances, we may be required to collect personal information from third parties such as, your financial institution, superannuation fund, referees, medical service providers or emergency services, our contractors, agents, partners, resellers, suppliers or other companies who may be involved in the services provided by Living Gems.
3. The purposes of us collecting your personal information is:
   1. processing your application for employment with us or engagement by us;
   2. processing of your pay (including taxation payments), superannuation payments, leave entitlements, and other functions and activities associated with your employment or engagement with Living Gems, including but not limited to any social club activities and employee benefits program;
   3. administering onsite medical treatment, if required;
   4. contacting your next of kin in the case of emergency; 
   5. communicating with you in relation to your employment with or engagement by Living Gems; and
   6. any other activities which are reasonably necessary in relation to your employment or engagement with Living Gems, 
4. In some instances we may collect personal information from you which is unsolicited.  To the extent reasonable, we will delete or de-identify any unsolicited personal information.  However, due to the nature of our IT system, if you use Living Gems’ IT system to send or receive personal emails we will be unable to remove any personal information which is backed up and stored on our servers.  You acknowledge and you agree to your personal information being collected and stored by Living Gems.
5. If we do not collect this personal information in connection with the purposes in paragraph 3, then:
   1. depending on the omitted information, we may be unable to perform activities in connection with your employment or engagement, such as processing your pay or invoice, superannuation or leave entitlements (as applicable); and
   2. you may be unable to commence your employment or engagement with Living Gems.
6. We may disclose your personal information to the following classes of people and organisations in connection with the purposes in paragraph 3: 
   1. Living Gems, its personnel and related entities;
   2. your financial institution and our financial institution;
   3. third parties, such as third party referees, recruitment agencies, insurance companies, employee benefit service providers, relevant Worker’s Compensation organisation (e.g. WorkCover, Alliance, etc);
   4. government agencies, including but not limited to The Australian Taxation Office, Centrelink, Child Support Agency and other government departments;
   5. third party parties in connection with obtaining any background checks, pre-employment screening;
   6. our contractors, agents or third party providers of Living Gems who may be involved in the services provided by Living Gems (including IT hosting services); and
   7. any other organisation set out in our Privacy Policy.
7. We do not disclose or hold your personal information outside of Australia.
8. Our Privacy Policy sets out the process as to how you can access and correct any of your personal information collected by us, how you can make a complaint if you consider we have breached the Privacy Act in the handling of your personal information. Our Privacy Policy is available at www.livinggems.com.au or you can request a copy from us at the above address.

By completing and providing to us the Employee Details Form, you acknowledge you have read and agree to this privacy collection notification statement our Privacy Policy. 

Please note: The privacy collection notification statement is not a term of your employment contract and is not contractually binding on Living Gems. It is a statutory prescribed document under the Privacy Act 1988 (Cth) and will apply in connection with your employment or engagement with Living Gems.

New Residents

Ruby Development Pty Ltd (ACN 111 767 410), Living Gems Pty Ltd ACN 010 186 151, PBSP Development Pty Ltd ACN 602 740 063, Opal Gardens Pty Ltd ACN 147 151 648 and its Related Bodies Corporate (as defined under the Corporation Act 2001 (Cth)) (Living Gems Group, we, us or our) is committed to protecting the privacy of individuals and their personal information and complies with the Privacy Act 1988 (Cth) (Privacy Act).

Please read this carefully as it will have important consequences for you in relation to the collection, use and disclosure of your personal information you provide to the Living Gems Group.

1. The Living Gems Group is the party who is collecting your personal information and can be contacted at [email protected] or alternatively you can write to us at the Living Gems Group Head Office (Sapphire Gardens Resort) 196 Logan Street, Eagleby Qld 4207.
2. We will collect your personal information directly from you at via our website, email, in a form or over the phone in relation to your registration as a new resident in one of our resorts.  In certain circumstances, we may be required to collect personal information from third parties, depending on the nature of your enquiry.
3. The purpose of the Living Gems Group collecting your personal information is to:
   1. 1. process your registration as a new resident in one of our resorts;
      2. take a record of your relevant personal information;
      3. process any enquiry you may have or will have in the future, and provide you with information in relation to your enquiry; 
      4. to provide customer service functions, including handling customer enquiries and complaints;
      5. to provide you with our products and services,
         and you acknowledge and agree to your personal information being collected and used for, and in connection with, these purposes and any other purpose described in our Privacy Policy.
4. If we do not collect your personal information in connection with the purposes in paragraph 3, then:
   1. 1. we will be unable to provide you with customer services, process your enquiry or complaint, or supply you with information; 
      2. we may not be able to approve your registration as a resident in one of our resorts;
      3. we may be able to refuse entry to the resort or any of the resort facilities; and
      4. we will be unable to send you direct marketing communications (unless you have consented to such communications through your other dealings with the Living Gems Group).
5. We may disclose your personal information to the following classes of people and organisations in connection with the purposes in paragraph 3:
   1. 1. the Living Gems Group, its personnel and related entities;
      2. third party service providers including without limitation marketing service providers, IT service providers, contractors and sales consultants and other parties who assist us in providing our products and services to you; 
      3. third parties connected with the sales and after sales process including, ecommerce services and financial institutions; and
      4. any other organisation as expressly covered in our Privacy Policy.
6. We do not disclose or hold your personal information outside of Australia.
7. Our Privacy Policy sets out the process as to how you can access and correct any of your personal information collected by us, how you can make a complaint if you consider we have breached the Privacy Act in the handling of your personal information. Our Privacy Policy is available at www.livinggems.com.au or you can request a copy from us at the above address.

By continuing with your sales enquiry, you indicate that you have read this collection notification and acknowledge that your personal information will be collected, used and disclosed in accordance with this collection notice and as otherwise detailed in our Privacy Policy and, to the extent it is necessary, that you give your voluntary express consent to the Living Gems Group collecting, using, storing, disclosing and disposing of your personal information in this manner.

Open Day Attendance

Ruby Development Pty Ltd (ACN 111 767 410) and its Related Bodies Corporate (as defined under the Corporation Act 2001 (Cth)) (Living Gems, we, us or our) is committed to protecting the privacy of individuals and their personal information and complies with the Privacy Act 1988 (Cth) (Privacy Act).

Please read this carefully as it will have important consequences for you in relation to the collection, use and disclosure of your personal information you provide to the Living Gems.

1. The Living Gems is the party who is collecting your personal information and can be contacted at [email protected] or alternatively you can write to us at the Living Gems Head Office (Sapphire Gardens Resort) 196 Logan Street, Eagleby Qld 4207.
2. We will collect your personal information directly from you at events or presentation, via our website, email, in a form or over the phone in relation to your expression of interest in and registration to attend an open day.  In certain circumstances, we may be required to collect personal information from third parties, depending on the nature of your enquiry.
3. The purpose of the Living Gems collecting your personal information is:
   1. 1. process your registration to attend an open day at one of our resorts;
      2. process any enquiry you may have and provide you with information in relation to your registration;
      3. to provide customer service functions, including handling enquiries,
         and you acknowledge and agree to your personal information being collected and used for, and in connection with, these purposes and any other purpose described in our Privacy Policy.
4. If we do not collect your personal information in connection with the purposes in paragraph 3, then:
   1. 1. we will be unable to provide you with customer services, process your enquiry or complaint, or supply you with information; and
      2. we will be unable to send you direct marketing communications (unless you have consented to such communications through your other dealings with the us).
5. We may disclose your personal information to the following classes of people and organisations in connection with the purposes in paragraph 3:
   1. 1. the Living Gems, its personnel and related entities;
      2. third party service providers including without limitation marketing service providers, IT service providers, contractors and sales consultants and other parties who assist us in providing our products and services to you; 
      3. third parties connected with the sales and after sales process including, ecommerce services and financial institutions; and
      4. any other organisation as expressly covered in our Privacy Policy.
6. We do not disclose or hold your personal information outside of Australia.
7. Our Privacy Policy sets out the process as to how you can access and correct any of your personal information collected by us, how you can make a complaint if you consider we have breached the Privacy Act in the handling of your personal information. Our Privacy Policy is available at www.livinggems.com.au or you can request a copy from us at the above address.

By continuing with your registration enquiry, you indicate that you have read this collection notification and acknowledge that your personal information will be collected, used and disclosed in accordance with this collection notice and as otherwise detailed in the our Privacy Policy and, to the extent it is necessary, that you give your voluntary express consent to the Living Gems collecting, using, storing, disclosing and disposing of your personal information in this manner.

Sales Enquiry

Ruby Development Pty Ltd (ACN 111 767 410), Living Gems Pty Ltd ACN 010 186 151, PBSP Development Pty Ltd ACN 602 740 063, Opal Gardens Pty Ltd ACN 147 151 648 and its Related Bodies Corporate (as defined under the Corporations Act 2001 (Cth)) (Living Gems Group, we, us or our) is committed to protecting the privacy of individuals and their personal information and complies with the Privacy Act 1988 (Cth) (Privacy Act).

Please read this carefully as it will have important consequences for you in relation to the collection, use and disclosure of your personal information you provide to the Living Gems Group.

1. The Living Gems Group is the party who is collecting your personal information and can be contacted at [email protected] or alternatively you can write to us at the Living Gems Group Head Office (Sapphire Gardens Resort) 196 Logan Street, Eagleby Qld 4207.
2. We will collect your personal information directly from you at events or presentations, via our website, email, in a form or over the phone in relation to a sale or sales enquiry.  In certain circumstances, we may be required to collect personal information from third parties, depending on the nature of your enquiry.
3. The purpose of the Living Gems Group collecting your personal information is to:
   1. 1. (a) process any enquiry you may have and provide you with information in relation to your enquiry, including without limitation, contacting you regarding any enquiries submitted via the “Contact” page of the Living Gems Group website; 
      2. (b) process your enquiry to receive an “Information Pack” and provide you with that, including without limitation, contact you regarding this enquiry submitted via the “Contact” page of the Living Gems Group website;
      3. (c) provide customer service functions, including handling customer enquiries and complaints;
      4. (d) provide you with our products and services; and
      5. (e) offer you updates, discounts, or other content or products and services that may be of interest to you and to provide you with direct marketing communications from us or our related entities and associates (using direct mail, telemarketing, email, SMS and MMS messages),
         and you acknowledge and agree to your personal information being collected and used for, and in connection with, these purposes and any other purpose described in our Privacy Policy.
4. If we do not collect your personal information in connection with the purposes in paragraph 3, then:
   1. 1. (a) the Living Gems Group will be unable to provide you with customer services, process your enquiry or complaint, or supply you with information; and
      2. (b) we will be unable to send you direct marketing communications (unless you have consented to such communications through your other dealings with the Living Gems Group).
5. We may disclose your personal information to the following classes of people and organisations in connection with the purposes in paragraph 3:
   1. 1. (a) the Living Gems Group, its personnel and related entities;
      2. (b) third party service providers including without limitation marketing service providers, IT service providers, contractors and sales consultants and other parties who assist us in providing our products and services to you; 
      3. (c) third parties connected with the sales and after sales process including, ecommerce services and financial institutions; and
      4. (d) any other organisation as expressly covered in our Privacy Policy.
6. We do not disclose or hold your personal information outside of Australia.
7. Our Privacy Policy sets out the process as to how you can access and correct any of your personal information collected by us, how you can make a complaint if you consider we have breached the Privacy Act in the handling of your personal information. Our Privacy Policy is available at www.livinggems.com.au, you can request a copy from us at the above address or by calling 1800 940 920 during normal business hours.

By continuing with your sales enquiry, you indicate that you have read this collection notification and acknowledge that your personal information will be collected, used and disclosed in accordance with this collection notice and as otherwise detailed in the Living Gems Group’ Privacy Policy and, to the extent it is necessary, that you give your voluntary express consent to the Living Gems Group collecting, using, storing, disclosing and disposing of your personal information in this manner.

Visitors

Ruby Development Pty Ltd (ACN 111 767 410), Living Gems Pty Ltd ACN 010 186 151, PBSP Development Pty Ltd ACN 602 740 063, Opal Gardens Pty Ltd ACN 147 151 648 and its Related Bodies Corporate (as defined under the Corporation Act 2001 (Cth)) (Living Gems Group, we, us or our)is committed to protecting the privacy of individuals and their personal information and complies with the Privacy Act 1988 (Cth) (Privacy Act).

Please read this carefully as it will have important consequences for you in relation to the collection, use and disclosure of your personal information you provide to the Living Gems Group.

1. The Living Gems Group is the party who is collecting your personal information and can be contacted at [email protected] or alternatively you can write to us at the Living Gems Group Head Office (Sapphire Gardens Resort) 196 Logan Street, Eagleby Qld 4207.
2. In certain circumstances, we may be required to collect your personal information directly from you in relation to your long or short-term visit to a resident of one of our resorts.  
3. The purpose of the Living Gems Group collecting your personal information is:
   1. 1. record your entry into and allow your access to certain areas of our resort; and
      2. take a record of your relevant personal information so as to identify you and ensure your safety in an event of emergency,
         and you acknowledge and agree to your personal information being collected and used for, and in connection with, these purposes and any other purpose described in our Privacy Policy.
4. If we do not collect your personal information in connection with the purposes in paragraph 3, then:
   1. 1. we may not be able to approve your entry to the resort or any of the resort facilities; and
      2. we will be unable to send you direct marketing communications (unless you have consented to such communications through your other dealings with the Living Gems Group).
5. We may disclose your personal information to the following classes of people and organisations in connection with the purposes in paragraph 3:
   1. 1. the Living Gems Group, its personnel and related entities;
      2. third party service providers including without limitation marketing service providers, IT service providers, contractors and sales consultants and other parties who assist us in providing our products and services to you; 
      3. third parties connected with the sales and after sales process including, ecommerce services and financial institutions; and
      4. any other organisation as expressly covered in our Privacy Policy.
6. We do not disclose or hold your personal information outside of Australia.
7. Our Privacy Policy sets out the process as to how you can access and correct any of your personal information collected by us, how you can make a complaint if you consider we have breached the Privacy Act in the handling of your personal information. Our Privacy Policy is available at www.livinggems.com.au or you can request a copy from us at the above address.

By continuing with your sales enquiry, you indicate that you have read this collection notification and acknowledge that your personal information will be collected, used and disclosed in accordance with this collection notice and as otherwise detailed in the Living Gems Group’s Privacy Policy and, to the extent it is necessary, that you give your voluntary express consent to the Living Gems Group collecting, using, storing, disclosing and disposing of your personal information in this manner.

Living Gems $1000 Referral Reward Program

The Living Gems $1000 Referral Reward Program has been established to acknowledge the integral role home owners play in referring the resort to their friends, family and associates.

WHAT IS A REFERRAL?

A referral is a form of consultation or recommendation by a current home owner in which the home owner actively expresses to, or with, another individual. This consultation would be in regards to the benefits of life at a Living Gems resort.

A referral may begin with identifying the needs and desires of the individual, and how life at Living Gems would accommodate these. Following this initial consultation, the home owner would then recommend or invite the individual to enquire further. This enquiry would need to occur directly with a resort sales office.

SUCCESSFUL REFERRAL

• A homeowner expressly recommends Living Gems to another individual external to the resort and on the basis of that recommendation, an individual approaches one of Living Gems sales offices and makes a detailed enquiry;
• A homeowner invites another individual to visit one of Living Gems sales offices to enquire more fully regarding purchasing at Living Gems, and completes a Living Gems $1000 Referral Reward Program form (‘referral form’);
• A homeowner submits a referral form to a Living Gems sales office or sales consultant with details of an individual who may make an enquiry based on the homeowners’ encouragement or invitation; and
• An individual approaches a Living Gems sales office or sales consultant and submits a referral form outlining details of the homeowner who invited them to make further enquiry.

UNSUCCESSFUL REFERRAL

• When an individual has independently made their way to the resort and is met or greeted by a homeowner who then espouses the benefits of life at Living Gems; and/or
• When an individual has already made an independent approach to a Living Gems sales office and advises a current homeowner known to them, they are considering Living Gems.
• When a homeowner has verbally expressed a referral to a Living Gems sales office or resort but has not completed and submitted a referral form.

TERMS AND CONDITIONS

1. The Living Gems $1000 Referral Reward Program is non transferrable to third parties or other services.
2. The current incentive amount payable is $1000 per settled sale transaction.
3. The current incentive amount is subject to change and review at the discretion of Living Gems management.
4. Payment will be made to the current homeowner’s nominated bank account only.
5. The Living Gems $1000 Referral Reward Program is only applicable to current homeowners of a Living Gems resort.
6. Eligibility for any claim will be made at the sole discretion of Living Gems.
7. Only one (1) homeowner is eligible for an incentive payable on any referral to any villa that proceeds to a settled sale transaction.
8. In the instance where multiple homeowners have been involved in a referral, payment will only be made to the first homeowner to have submitted the referral form to the sales office.
9. Each referral form must be submitted directly to a resort sales office or resort sales consultant.
10. The homeowner must complete the referral form outlining the details of the prospective homeowner’s name so as to avoid ambiguity.
11. A claim for payment cannot be made retrospectively and must be lodged prior to the new homeowner’s settlement.
12. Payment of the Living Gems $1000 Referral Reward Program will not be made until after settlement of the new homeowner’s villa has been affected.
13. For a claim to be valid, the prospective homeowner must not have previously made contact with Living Gems via any channel or referral.
14. Where a prospective home owner’s settlement falls through, the original referral cannot transfer to a future settlement and will expire prior to either the settlement or upon withdrawal of the prospective homeowner’s interest in Living Gems.
15. The current incentive is not applicable for resales and is for new home sales only.