This Promotion is made by TPD Promotions Pty Ltd ACN 697 891 633 (the Promoter). By entering into a Contract for an Eligible Property and accepting a Dynamic Pathway Certificate, the Buyer agrees to be bound by these Terms and Conditions.

1.  Definitions

1. Buyer means the ‘buyer’ named in the Contract. Where the Contract names more than one person as the ‘buyer’, references to the Buyer apply to each of them jointly and severally, and any obligation of the Buyer is an obligation of each of them.
2. Contract means an unconditional binding Contract for Sale in respect of an Eligible Property between the Seller and the Buyer.
3. Dynamic Pathway means a cash payment by the Promoter equal to the lesser of:
   1. 2.5% of the Purchase Price; and
   2. $25,000 inclusive of GST (if applicable).
4. Dynamic Pathway Certificate means a certificate issued under clause 3.
5. Eligibility Criteria means the eligibility criteria set out in clause 4.
6. Eligible Property means a residential apartment within the Mattone Development at Newlyne Precinct, Lyneham ACT 2602, that is offered for sale by the Seller and identified as participating in this Promotion at the time the Contract is exchanged.
7. First Home Buyer has the meaning given that term in the ‘Home Buyer Concession Scheme’ administered by the ACT Revenue Office.
8. FIRB Approval means an approval to acquire the Eligible Property issued by the Foreign Investment Review Board pursuant to the Foreign Acquisitions and Takeovers Act 1975 (Cth).
9. Purchase Price means the price for the Eligible Property stated in the Contract, exclusive of any adjustments at Settlement.
10. Promotion means the Dynamic Pathway as set out in these Terms and Conditions.
11. Seller means Newlyne Nominee Pty Ltd ACN 650 319 770.
12. Settlement means completion of the Contract in accordance with its terms.

2.  Promotion Period and Limited Availability

2.1 The Contract must be exchanged by 12:00pm (AEST) on 30 June 2026 (Promotion Period).

2.2 The Promoter may in its absolute discretion, and without being required to provide notice, extend, vary or withdraw the Promotion at any time prior to the expiry of the Promotion Period. This will not affect the validity or enforceability of a Dynamic Pathway Certificate issued prior to any such extension, variation or withdrawal.

3.  Certificate

Subject to the Buyer satisfying the terms and conditions of this Promotion, following exchange of the Contract the Promoter will issue the Buyer with a Dynamic Pathway Certificate confirming the entitlement to the Dynamic Pathway, conditional on the Buyer’s continued compliance with these Terms and Conditions.

4.  Eligibility

4.1 The Promotion is only available to a Buyer who:

1. is a natural person aged 18 years or over;
2. is a First Home Buyer;
3. intends, at the time of exchange of the Contract, to occupy the Eligible Property as their principal place of residence;
4. where the Buyer is a foreign person within the meaning of the Foreign Acquisitions and Takeovers Act 1975 (Cth), holds a valid FIRB Approval in respect of the Eligible Property no later than 30 June 2026; and
5. is not an employee, related party, or associate of the Promoter, of any related body corporate of the Promoter, or of any sales or marketing agent engaged by the Promoter in respect of the Mattone Development.

4.2 The Promotion is limited to one Dynamic Pathway per Eligible Property.

5.  Buyer Obligations

5.1 The Buyer agrees and acknowledges that the Buyer:

1. must pay the deposit required on exchange of the Contract;
2. must at all times satisfy the Eligibility Criteria;
3. will not rely on the Dynamic Pathway for the purposes of obtaining loan approval to fund the acquisition of the Eligible Property;
4. must settle the Contract on time, in accordance with the Contract terms and without adjustment for the Dynamic Pathway;
5. will only receive the Dynamic Pathway after Settlement and the Dynamic Pathway is not:
   1. a reduction of the Purchase Price;
   2. a credit or adjustment at Settlement; or
   3. paid through the Buyer’s solicitor or conveyancer at Settlement;
6. will fully and accurately disclose the existence and amount of the Dynamic Pathway to any lender, mortgage broker, valuer, conveyancer, or solicitor involved in the transaction, prior to entering into any loan agreement funding the acquisition of the Eligible Property; and
7. has no claim whatsoever against the Seller in respect of the Dynamic Pathway.

5.2 This Promotion is to assist First Home Buyers in securing residential property for their own accommodation, consequently the Buyer must not prior to Settlement sell or lease, contract to sell or lease, transfer, or enter into any agreement or arrangement to sell, lease or transfer the Eligible Property to any third party.

5.3 The Buyer indemnifies the Promoter against any loss, damage, claim, or liability arising from the Buyer’s failure to make the disclosure required under clause 5.1(f).

6.  Payment

6.1 Subject to the Buyer complying with these Terms and Condition, the Promoter will procure the payment of the Dynamic Pathway to the Buyer within ten (10) business days after Settlement by electronic funds transfer to a bank account nominated in writing by the Buyer.

6.2 The Dynamic Pathway will NOT be payable if:

1. the Buyer does not satisfy the Eligibility Criteria;
2. the Buyer has not complied with these Terms and Conditions;
3. Settlement is delayed due to the default of the Buyer; or
4. the Contract is, for whatever reason, rescinded, terminated, or does not proceed to Settlement.

6.3 The Dynamic Pathway Certificate is for the benefit of the Buyer only and is not transferable and lapses on any, including any attempted, assignment or transfer of the Contract.

7.  General

7.1 This Promotion is governed by the laws of the Australian Capital Territory.

7.2 If any provision of these Terms and Conditions is held to be invalid, unenforceable or illegal the remaining provisions are to be construed to operate without reference to the invalid, unenforceable or illegal provision and continue in full force and effect.

7.3 To the maximum extent permitted by law, and subject to any non-excludable consumer guarantees, the Promoter excludes liability for any loss arising in connection with the Promotion beyond the value of the Dynamic Pathway itself.