TERMS AND CONDITIONS OF PURCHASE

DEFINITIONS:

Company: means Property Lovers Pty Ltd [ABN 25 661 144 510] having its registered office at Suite 705, Level 7, 189 Kent Street, Sydney NSW 2000.

Customer: means the person(s) or company named on the order form, online order or over the telephone. Where the Customer is a corporation, this agreement is signed under section 126 of the Corporations Act 2001 by its agent.

AGREEMENT:

General Terms

These Terms and Conditions (the “Agreement”) regulate the sale by the Company to the Customer for the purchase by the Customer of the Company’s products and/or subscription services concerning real estate education, mentoring, software subscriptions as identified on the order form, online order or over the telephone.

This Agreement with the Company or use of the Companies services constitutes Customer’s unconditional acceptance to these Terms of Purchase. These Terms of Purchase are subject to change by the Company, in its sole discretion, at any time, without prior notice by posting upon its website.

Certain products and services listed in Section 12 have a money back guarantee, which are subject to certain conditions. Please be clear of the conditions in relation to each of the products.

Payment Terms

The sale price under the Agreement stated on the order form, online order or over the telephone can be at the election of the Customer paid by lump-sum or by instalments (on such terms which are acceptable to the Company) as specified on the order form or over the telephone.

The Customer acknowledges that where payment to the Company is made by instalments, the full purchase price is payable and is a debt owing to the Company by the Customer.

By entering this Agreement, the Customer agrees to pay the specified purchase price to the Company by the due dates and accepts responsibility and liability for payment. The Customer acknowledges that if any payment is not made by the due date, seminar services (if applicable) or the provision of products and services may be cancelled by the Company without notice and no refund or credit will be given.

By entering this Agreement, the Customer agrees that if they fail to pay an instalment amount by the instalment payment date then ALL monies owing by the Customer to the Company will become due and owing and must be immediately paid to the Company without set off or deduction or crossclaim and without need for further demand. A late payment fee of $60 may be applied.

If any payments are not made by the due dates, then products, packages and/or seminar services (if applicable) may be cancelled at the Company’s discretion and no refund or credit will be given.

The Customer charges its legal and beneficial interest in any real property, both present and future, in favour of the Company as security for any current and future indebtedness under this Agreement, and the Company shall be entitled to lodge a caveat on the title of the Customer’s property noting its interest in terms of this Agreement.

Where the Customer is a corporation, the signatory on behalf of the Customer hereby guarantees to the Company the performance by the Customer of all of its obligations under this Agreement and indemnifies the Company from and against all and any costs, claims, damages and expenses whatsoever, and howsoever, arising out of the breach or non-performance by the Customer.

The Customer acknowledges and agrees that if default is made on any payment that remains outstanding for 60 calendar days or more then under the Privacy Act 1988 and similar privacy legislation, the Company can at its discretion list information about the default with a credit reporting agency and refer the Customer’s details to a debt collection agency to recover the outstanding balance. The Customer acknowledges and accepts liability for all legal costs on an indemnity basis and expenses incurred by the Company in connection with recovery of overdue accounts from the Customer.

Cancellations and Money Back Guarantee Terms

The Customer acknowledges that the following terms apply to the below products:

1. In the case of the Platinum Membership Package
   • The Platinum Membership Package entitles you to all of the inclusions set out in the Platinum Membership offer including the training martials and resource portal, FastProperty Basic research software, the live and online events, the private Facebook group, the feasibility software and the Property Lovers Advantage Card, for the advertised subscription fee, paid monthly.
   • You can cancel at any time. If you to cancel your Platinum Membership Package subscription you must notify Property Lovers by cancelling through your Members Portal, detailed here. You must provide at least 24 hour’s notice. If you do not cancel within your free trial period (subject to 24 hours’ notice) you will be charged for the monthly membership subscription rate provided at the time of enrolment, on the payment card that you provided. You will be charged monthly membership subscription until you cancel.
   • If you cancel your Platinum Membership Package then access to all the products and services associated with Platinum Membership Package will immediately be terminated.
   • Property Lovers can change the Platinum Membership Package subscription rate at any time. If the membership subscription rate changes after you subscribed, we will notify you by email and give you an opportunity to cancel.
   • You must have an active Platinum Membership Package subscription to be eligible to attend the in-person live (usually scheduled 3 times a year – dates and locations in the Members Portal, detailed here).
   • There are no refunds once payments have been processed but you can cancel at any time.
2. In the case of the Property Starter Program (including the Distressed Property Program; the Property Development Program; the Splitter Block Program; the Rooming House Program; the Tiny Homes Program; the Property Buyers Program; the Option Acquisitions Program)–
   • The complimentary 3 months subscription to training and resource portal, the FastProperty Basic Software and-email support included with the package commences on the date of purchase of the program and terminates on the date that is 3 months from the date of purchase.
   • The 3 month Money Back Guarantee (the “PSP Guarantee”), which applies only to the Property Starter Program the Customer purchased, commences on the date of purchase and expires after 3 months after the date of the purchase (the “PSP Guarantee Period”).
   • The PSP Guarantee is intended to offer a money back guarantee to an eligible Customer who is not satisfied with the Property Starter Program they purchased at the end of the PSP Guarantee Period after applying and implementing it for the duration of the subscription period, subject to the conditions below.
   • In order to be eligible for the PSP Guarantee, the Customer must:
     • complete the relevant Online Course, including but not limited to all the associated modules and assignments (available on the Members Portal) during the PSP Guarantee Period;
     • attend the 2-day live workshop and the 1-day livestream event within the 3 months PSP Guarantee Period;
     • if applicable, strictly comply with the payment plan terms and ensure that every scheduled payment is made punctually by the due date without default or delay; and
     • apply the learnings including researching for potential deals using the research software, negotiating deals and making offers where applicable and keeping a written journal of the activities of what you have specifically implemented for the duration of the subscription period and actioned by the Customer.
   • All other services will be available the Customer during the PSP Guarantee Period.
   • If the Customer has met the eligibility criteria and is not satisfied with the PSP Program and wishes to claim a refund under the PSP Guarantee, the Customer must notify the Company of its intention to terminate this agreement by giving written notice by the end of the PSP Guarantee Period by email to info@propertylovers.com.au. The notice must be sent from the same email address provided by the Customer at the time of registration. Notice by telephone is not permitted.
   • Subject to compliance with the above conditions, the refund will be processed within 14 business days from the end of the PSP Guarantee Period.
   • The Company charges an ongoing subscription fee (the “Subscription”) at the end of the initial subscription period for the Property Starter Package
   • The Subscription of the Property Starter Package will be charged automatically every 3 months and will include an additional 3 months of the program, support and research technology until cancellation of the subscription.
   • The subscription fee is calculated and charged from the day of the month that the Client’s paid initial subscription period ended. The Customer authorises The Company to, and the Customer agrees that Company may, charge to the Customer’s credit card, debit card or bank account, in advance, the relevant Subscription fee for on a recurring basis.
   • The Customer authorises the Company to, and the Customer agrees that the Company may, modify and/or change the Subscription fee charged to the Client upon thirty (30) days’ notice to the Client sent by e-mail to Client’s email of record on file with the Company. The monthly subscription fee is non-refundable and accrues until cancelled, whether or not the Client utilises the services.
   • To cancel any subscription, the Customer must give the Company written notice by email at least 7 calendar days before monthly the Subscription is scheduled to be charged or debited.
3. In the case of the Property Plus Program (including the Distressed Property Program; the Property Development Program; the Splitter Block Program; the Rooming House Program; the Tiny Homes Program; the Property Buyers Program; the Option Acquisitions Program) –
   • The complimentary 6 months subscription to training and resource portal, the FastProperty Basic Software and-email support included with the package commences on the date of purchase of the program and terminates on the date that is 6 months from the date of purchase.
   • The 6 month Money Back Guarantee (the “PPP Guarantee”), which applies only to the Property Plus Program the Customer purchased, commences on the date of purchase and expires after 6 months after the date of the purchase (the “PPP Guarantee Period”).
   • The PPP Guarantee is intended to offer a money back guarantee to an eligible Customer who is not satisfied with the Property Plus Program they purchased at the end of the PPP Guarantee Period after applying and implementing it for the duration of the subscription period, subject to the conditions below.
   • In order to be eligible for the PPP Guarantee, the Customer must:
     • complete the relevant Online Courses, including but not limited to all the associated modules and assignments (available on the Members Portal) during the PPP Guarantee Period;
     • attend the 2-day live workshop and the 1-day livestream event within the 6 months PPP Guarantee Period;
     • if applicable, strictly comply with the payment plan terms and ensure that every scheduled payment is made punctually by the due date without default or delay; and
     • apply the learnings including researching for potential deals using the research software, negotiating deals and making offers where applicable and keeping a written journal of the activities of what you have specifically implemented for the duration of the subscription period and actioned by the Customer.
   • All other services will be available the Customer during the PPP Guarantee Period.
   • If the Customer has met the eligibility criteria and is not satisfied with the PPP Program and wishes to claim a refund under the PPP Guarantee, the Customer must notify the Company of its intention to terminate this agreement by giving written notice by the end of the PPP Guarantee Period by email to info@propertylovers.com.au. The notice must be sent from the same email address provided by the Customer at the time of registration. Notice by telephone is not permitted.
   • Subject to compliance with the above conditions, the refund will be processed within 14 business days from the end of the PPP Guarantee Period.
   • The Company charges an ongoing subscription fee (the “Subscription”) at the end of the initial subscription period for the Property Professional Package
   • The Subscription of the Property Professional Package will be charged automatically every 6 months and will include an additional 6 months of the program, support and research technology until cancellation of the subscription.
   • The subscription fee is calculated and charged from the day of the month that the Client’s paid initial subscription period ended. The Customer authorises The Company to, and the Customer agrees that Company may, charge to the Customer’s credit card, debit card or bank account, in advance, the relevant Subscription fee for on a recurring basis.
   • The Customer authorises the Company to, and the Customer agrees that the Company may, modify and/or change the Subscription fee charged to the Client upon thirty (30) days’ notice to the Client sent by e-mail to Client’s email of record on file with the Company. The monthly subscription fee is non-refundable and accrues until cancelled, whether or not the Client utilises the services.
   • To cancel any subscription, the Customer must give the Company written notice by email at least 7 calendar days before monthly the Subscription is scheduled to be charged or debited.
4. In the case of the Elite Mentoring Program or Alumni Club Program (“EM Program”) –
   • This includes 12 months’ access to the FastProperty Professional subscription; the voice messaging system; group coaching sessions; quarterly livestream events; Off and On Market Lead Lists; access to training and resource portals; Coaching Curriculum; the professional advisory team; and EM Program concierge services as part of the package commences on the date of purchase of the EM Program , and terminates on the date that is 12 months from the date of purchase.
   • The 12 Month Money Back Guarantee, which applies only to the EM Program under this clause (“EM Guarantee”), commences on the date of purchase and expires after a period of 12 calendar months (“EM Guarantee Period”).
   • The EM Guarantee is designed to provide a money-back guarantee to an eligible Customer who, after applying and executing the EM Program throughout the subscription period, did not successfully accomplish a potentially profitable deal of at least $50,000 by the end of the EM Guarantee Period, subject to the conditions outlined below.
   • To be eligible for the EM Guarantee, the Customer must:
     • complete all the modules in the EM Program prescribed in Coach Accountable as well as the Online Courses , including but not limited to all the associated modules and assignments (available on the Coach Accountable and Members Portal) during the EM Guarantee Period;
     • if applicable, strictly comply with the payment plan terms and ensure that every scheduled payment is made punctually by the due date without default or delay;
     • participate in all the Elite Mentoring livestream events within the 12 month EM Guarantee Period; and
     • apply the learnings and update the coaching system (Coach Accountable) of all the activities specifically implemented for the duration of the subscription period and actioned by the Customer.
   • All other services will be available the Customer during the EM Guarantee Period.
   • If the Customer, acting reasonably, is not satisfied with EM Program and wishes to claim a refund under the EM Guarantee, the Customer must notify the Company of its intention to terminate this Agreement by giving written notice within 7 calendar days of the end of the EM Guarantee Period by email to info@propertylovers.com.au, including reasons that the Customer is not satisfied. The notice must be sent from the same email address provided by the Customer at the time of registration. Notice by telephone is not permitted.
   • The refund shall not exceed the amount actually received by the Company from the Customer for payment of the EM Program. The Company will not be responsible for any other costs, charges and/or expenses incurred by the Customer, including but not limited to bank fees and finance charges.
   • Subject to compliance with the above conditions, the refund will be processed within 14 business days from the end of the EM Guarantee Period.

The Company is not responsible if the Customer does not utilise the product and/or service during the agreed time period.

Where a product, service or program includes a Property Lovers Client Handbook, the Company reserves the right to make changes and updates to the policies and procedures at any time and without notification prior to the implementation. Changes made to the Property Lovers Client Handbook will apply to any and all clients including past, current and prospective.

Live Event Terms

Where an in-person live event is part of the Agreement, if the Customer cannot attend the event or seminar services (if applicable), which has been booked and paid for, then the Customer:

1. may transfer its enrolment to the same event on a future date (only if available) within 6 months of this Agreement commencing; or
2. may transfer their ticket to a nominated new attendee, subject to notifying the Company and the Company approving the transfer (which approval may not be unreasonably withheld) and providing full contact details for the nominated new attendee, provided that the Customer will be responsible for payment of an administration fee of $495 if the Customer fails to notify the Company within 21 calendar days before the seminar services commence.

Where an in-person live event is part of the Agreement, the Customer acknowledges and agrees that, if it does not notify the Company in writing or attend the seminar services booked and paid for within 12 months of this Agreement commencing, the Customer’s ticket will be deemed to be abandoned by the Customer and the Customer will not be entitled to any seminar services, any associated material, or refund of any money paid. The Customer acknowledges that information, venue and event dates are subject to change and the Company is not responsible for any cancellation or rescheduling of venues, events, or changes in the program. In the case of rescheduling of an event, tickets will be transferred to the new date.

Intellectual Property Terms

The Company declares and the Customer acknowledges that the intellectual property, copyright and trademarks relating to the products and services sold under this Agreement are the sole and absolute property of the Company. The Customer acknowledges that title to all such intellectual property, copyright and trademarks relating to the products and services remains with the Company and are provided to the Customer for their personal use only and copying them is prohibited.

Disclaimers

By entering into this Agreement, the Customer acknowledges reliance upon personal choices and decisions and not on any influence, persuasion, warranty or representation made by the Company.

The Company is not a professional services firm or financial firm and does not provide legal or financial advice. The legal, tax and commercial implications of the Company’s products and services vary and their suitability will vary according to the Customer’s particular circumstances. The Customer should consult with a lawyer, tax advisor, accountant or other appropriately qualified person for advice concerning the suitability of the Company’s products and/or services before completing the purchase.

The Customer accepts full responsibility for profits, risks and losses arising out of the use of the Company’s products and services and no recourse can be had against the Company for indemnity for losses and conversely the Company has no claim against the Customer in relation to profits made.

The Customer acknowledges that the strategies taught by the Company require the Customer to implement them as an independent business person making their own investment decisions. The Company does not underwrite the Customer’s investment decisions nor warrant that the Customer’s investment choices or decisions are likely to be successful. The Company will, at the request of the Customer, provide answers to the Customer’s questions and provide general advice to the Customer without specific recommendations but rather as guidance in relation to the Customer’s desired achievements and expectations.

The Company does not warrant that any product and/or service that the Customer decides to order is appropriate or suits the Customer’s needs, or that the Customer’s use of any product and/or service is appropriate or suits the Customer’s needs. The purpose and suitability of any product and/or service to the Customer relative to needs and circumstances have been considered by the Customer who declares that it is of a commercial and business nature and not for personal domestic or household use.

Acceptance Clauses

The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this contract. There are no warranties, representations, covenants or agreements, express or implied, between the parties except those expressly set forth in this Agreement. No change can be made to this Agreement other than in writing and agreed to by both parties.

The jurisdiction and law applicable to this Agreement is the State of New South Wales.

Service of notices process and documents by one party on the other shall be by email only at the respective email addresses stated in this Agreement.

By entering into this Agreement, the Customer authorises and consents to the Company sharing the Customer’s personal details with any affiliated or partner companies.

By accepting our terms and conditions, you acknowledge that the above disclosures have been made to you.

DATE: 2 November 2023