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When you add your property to our prize pool, we suggest you download and print out this contract.

 

PROPERTY POOL CONTRACT

Date:

Parties to this Agreement:-

(1) Play4Property Pty LTD incorporated and registered in New South Wales with Australian Company Number 134 648 749 whose registered office is at Level 29, Chifley Tower, Chifley Sq, Sydney, NSW, 2000. (Play4Property)

(2) Name of Property Owner:

Address:

 

The following terms shall be apply in this agreement:

Competition: competition number [ ] run by Play4Property on the Website and any additional competitions agreed by Play4Property and the Property Owner

Financial Charges:
[ List financial charges ]
Payment:

Property: the property at:

with Title Number:

Term: the period from the date of this agreement to 30 days after the end date of the Competition

Valuation:

 

YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 3.1 AND 4.1

AGREED TERMS


1. INTERPRETATION

1.1 In addition to the defined terms set out on the front sheet of this agreement, the following definitions and rules of interpretation in this clause apply in this agreement;


"Business Day"a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business;
"Independent Valuation"a valuation of the Property determined in accordance with Clause 6;
"Property Pool" the database of properties maintained on the Website;
"Transfer" the transfer of the Property to the Winner or to Cold Gold if required by Cold Gold;
"Website" www.play4property.com;
"Winner" a winner of a Competition held by Cold Gold.

 

1.2 Clause headings shall not affect the interpretation of this agreement.


 

2. PROPERTY

2.1 In consideration of the Payment from the Property Owner to Play4Property, Play4Property shall list the Property in the Property Pool for the duration of the Term.
2.2 During the Term Play4Property will run one or more Competitions on the Website, the Winner of which, subject to the terms and conditions of the Competition, may choose a Property from the Property Pool.
2.3 If during the Term Play4Property notifies the Property Owner in writing ("Notice") that a Winner has selected the Property as the one they wish to be transferred, the Property Owner shall use best endeavours to transfer the Property to the Winner free from any mortgage or financial charges within 30 days of the Notice.
2.4 Upon receipt of the Notice, the Property Owner shall immediately instruct their legal advisor to carry out the Transfer.
2.5 Three Business Days before the Transfer is due to take place the Property Owner shall ensure that their legal advisor issued Play4Property's legal advisor with a satisfactory (in the sole opinion of Play4Property's legal advisor) undertaking to hold funds, equal to the Valuation, to the order of Play4Property's legal advisor until the Transfer is completed.
2.6 On receipt of a satisfactory undertaking pursuant to clause 2.5 Play4Property shall transmit funds equal to the Valuation to the Property Owner's legal advisor which sum may only be released to the Property Owner following completion of the Transfer.


 

3. PROPERTY OWNER'S WARRANTIES:

3.1 The Property Owner warrants to Play4Property that:
3.1.1 during the Term they will not agree to sell or otherwise transfer or dispose of the Property other than in accordance with this agreement;
3.1.2 they are the only owners of the Property;
3.1.3 the Financial Charges are the only financial charges outstanding in relation to the Property;
3.1.4 the valuations relating to the Property have been obtained from an independent valuer and they represent a fair market value for the Property at the date of this agreement; and
3.1.5 all photographs and other information provided to Play4Property will not infringe the rights of any third party.


 

4. INDEMNITY

4.1 The Property Owner shall indemnify Play4Property against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) (each a Claim) suffered or incurred by Play4Property arising out of or in connection with any breach by the Property Owner of the Warranties set out in clause 3 or negligent performance or non-performance by the Property Owner of this agreement.
4.2 This indemnity shall not cover Play4Property to the extent that a Claim results from Play4Property's negligence or wilful misconduct of this agreement.


 

5. PAYMENT TO PLAY4PROPERTY

5.1 Unless the parties to this agreement have agreed otherwise in writing, upon completion of the transfer of the Property to the Winner in accordance with clause 2, Play4Property shall be entitled to invoice the Property Owner for a sum equal to 2% of the Valuation.
5.2 The invoice submitted in accordance with clause 5.1 above shall be payable within 14 days of issue.

 

 

6. COSTS

6.1 Play4Property shall not be liable for any costs incurred by the Property Owner in connection with the Competition.
6.2 In the interests of certainty Play4Property shall not be liable for any Stamp Duty Land Tax, legal fees (whether in the AUSTRALIA or otherwise), local taxes or other fees of whatsoever nature incurred by the Property Owner.


 

7. TERMINATION

7.1 Either party may terminate this agreement immediately, by giving written notice to the other party if:

(a) the other party fails to pay any amount due under this agreement on the due date for payment and remains in default not less than fourteen days after being notified in writing to make such payment; or

(b) the other party commits a material breach of any material term of this agreement and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so.

7.2 The parties acknowledge and agree that any breach of clause 2 and/or clause 3 shall constitute a breach of a material term for the purposes of this clause.


 

8. NO PARTNERSHIP OR AGENCY

Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.


 

9. FURTHER ASSURANCE

Each party shall and shall use all reasonable endeavours to procure that any necessary third party shall promptly execute such documents and perform such acts as may be required for the purpose of giving full effect to this agreement.


 

10. ASSIGNMENT AND OTHER DEALINGS PROHIBITED

The Property Owner shall not, without the prior written consent of Play4Property, assign, transfer, mortgage, charge or deal in any other manner with this agreement or any of its rights and obligations under or arising out of this agreement or purport to do any of the same. The Property Owner shall sub-contract or delegate in any manner any or all of its obligations under this agreement to any third party or agent.


 

11. WAIVER

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.


 

12. ENTIRE AGREEMENT

12.1 This agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
12.2 Each party acknowledges that, in entering into this agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.
12.3 Nothing in this clause shall limit or exclude any liability for fraud.


 

13. VARIATION

No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).


 

14. SEVERANCE
If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this agreement, and the validity and enforceability of the other provisions of this agreement shall not be affected.


 

15. NOTICE

Any notice or other communication required to be given under this agreement shall be in writing and shall be delivered personally, or sent by pre-paid first class post or recorded delivery or by commercial courier, to each party required to receive the notice or communication at its address as set out above or as otherwise specified by the relevant party by notice in writing to each other party.


 

16. THIRD PARTY RIGHTS

A person who is not a party to this agreement shall not have any rights under or in connection with it.


 

17. GOVERNING LAW AND JURISDICTION

17.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Australia.
17.2 The parties irrevocably agree that the courts of Australia shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
17.3 Disputes - Any controversy, dispute, or claim arising shall be resolved through binding arbitration

This agreement has been entered into on the date stated at the beginning of it.