TERMS AND CONDITIONS OF PURCHASE

DEFINITIONS:

Company: means Property Lovers Pty Ltd [ABN 25 661 144 510] having its registered office at Level 22, 31 Market 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:

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 services concerning real estate education, business education, mentoring and/or asset protection, as identified on the order form, online order or over the telephone.

Certain products and services listed in Section 11 have a money back guarantee, which are subject to certain conditions. Please be clear of the conditions in relation to each of the products.

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.

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

1. In the case of the Elite Mentoring Express Program or Inner Circle Express Program (“EMX Program”) –
   • The included 6 months’ access to the FastProperty subscription; the voice messaging system; group coaching sessions; quarterly livestream events; Off Market Lead Lists; Coaching Curriculum; the professional advisory team; and EMX Program concierge services as part of the package commences on the date of purchase of the EMX Program , and terminates on the date that is 6 months from the date of purchase.
   • The 6 Month Money Back Guarantee, which applies only to the EMX Program under this clause (“EMX Guarantee”), commences on the date of purchase and expires after a period of 6 calendar months (“EMX Guarantee Period”).
   • The EMX Guarantee is intended to offer a money back guarantee only to an eligible Customer who is not satisfied that the EMX Program provided the Customer with the necessary learnings and support to achieve a potentially profitable deal after applying and implementing it, subject to the conditions below.
   • To be eligible for the EMX Guarantee, the Customer must:
     • complete all the modules in the EMX Program prescribed in Coach Accountable as well as the Real Estate Rescue Online Course and Property Development Online Course, including but not limited to all the associated modules and assignments (available on the Coach Accountable and Members Portal) during the EMX 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 6 month EMX Guarantee Period; and
     • apply the learnings and update the coaching system (Coach Accountable) of all the activities specifically implemented and actioned by the Customer.
   • All other services will be available the Customer during the EMX Guarantee Period.
   • If the Customer, acting reasonably, is not satisfied with EMX Program and wishes to claim a refund under the EMX 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 EMX 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 EMX 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 EMX 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 subscription is part of the Agreement, the Customer acknowledges that all monthly, 6-monthly and/or 12-monthly subscription service charges are automatically charged or debited on the same day of each month during the respective term until cancellation of the subscription. To cancel any subscription, the Customer must give the Company written notice by email at least 7 calendar days before monthly, 6-monthly and/or 12-monthly charge is scheduled to be charged or debited.

Where a product, service or program includes a DG Institute 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 DG Institute Client Handbook will apply to any and all clients including past, current and prospective.

Where an 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 12 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 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.

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.

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.

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: 30 December 2022