TERMS AND CONDITIONS OF PURCHASE

DEFINITIONS:

Company: means Property Lovers Pty Ltd [ABN 25 661 144 510] having its registered office at Suite 705, 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, coaching, 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.

It is important to ensure that you are clear of (a) the terms set out in relation to payment made by instalments in Section 7 to Section 11 and (b) the conditions in relation to each of the products set out in Section 12, as not all products or services have a money back guarantee.

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 Property Income Generator:
   • The Property Income Generator package entitles you to all of the inclusions set out in the Property Income Generator offer including the training martials, fastproperty.ai professional research software, the fastproperty.ai AI Assistants, the Property Connect Private Community, the feasibility software and the Property Lovers Advantage Card, for the advertised subscription fee, paid monthly or the annually.
   • You can cancel at any time. If you cancel your Property Income Generator subscription you must notify Property Lovers by emailing info@propertylovers.com.au. 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 or annual membership subscription until you cancel.
   • If you cancel your Property Income Generator subscription then access to all the products and services associated with Property Income Generator will immediately be terminated.
   • Property Lovers can change the Property Income Generator 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.
   • There are no refunds once payments have been processed but you can cancel at any time.
2. In the case of the Property Wealth Accelerator:
   • The Property Wealth Accelerator package entitles you to all of the inclusions set out in the Property Wealth Accelerator offer including the coaching, training martials, fastproperty.ai professional research software, the fastproperty.ai AI Assistants, the Platinum Private Community, the feasibility software and the Property Lovers Advantage Card, for the advertised subscription fee, paid monthly or paid annually.
   • 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
   • You can cancel at any time. If you cancel your Property Wealth Accelerator subscription you must notify Property Lovers by emailing info@propertylovers.com.au. 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 or annual membership subscription until you cancel.
   • If you cancel your Property Wealth Accelerator subscription, then access to all the products and services associated with Property Wealth Accelerator will immediately be terminated.
   • Property Lovers can change the Property Wealth Accelerator 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.
   • There are no refunds once payments have been processed but you can cancel at any time.

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

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.

PRIVACY POLICY

We recognise the importance of protecting the privacy of information collected about visitors to our web site, in particular information that is capable of identifying an individual (“personal information”). This Internet Privacy Policy governs the manner in which your personal information, obtained through the web site, will be dealt with. This Internet Privacy Policy should be reviewed periodically so that you are updated on any changes. We welcome your comments and feedback.

Personal Information

1. Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.

Use of Information

2. Personal information that visitors submit to our site is used only for the purpose for which it is submitted or for such other secondary purposes that are related to the primary purpose, unless we disclose other uses in this Internet Privacy Policy or at the time of collection. Copies of correspondence sent from the web site, that may contain personal information, are stored as archives for record-keeping and back-up purposes only.

Collecting information on Registered members

3. As part of registering with us, we collect personal information about you in order for you to take full advantage of our services. To do this it may be necessary for you to provide additional information to us as detailed below.

Registration

4. Registration is completely optional. Registration may include submitting your name, email address, address, telephone numbers, option to receive updates and promotional material and other information. By registering, you are opting in form marketing communications. You may access this information at any time by logging in and going to your account. You may opt out of marketing communications at any time by clicking on the links provided in all email communications.

Direct Marketing

5. We will only use personal information obtained for the provision of services, for the secondary purpose of direct marketing where:

• We collected the personal information from the individual; and
• The individual would reasonably expect us to use or disclose the information for the purpose of direct marketing; and
• We provide a simple means through which an individual can request to not receive marketing communications; and
• The individual has NOT requested such communications cease.

Often the law requires us to advise you of certain changes to products/ services or regulations. You will continue to receive this information from us even if you choose not to receive direct marketing information from us. We will not disclose your information to any outside parties for the purpose of allowing them to directly market to you.

Disclosure

6. Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.

7. We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.

8. In relation to paragraph 6 above you hereby appoint us or our assignees to engage third parties on your behalf.

Security

9. We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

10. However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.

11. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.

Collecting Information from Users

12. IP Addresses Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.

13. Cookies and Applets We use cookies to provide you with a better experience. These cookies allow us to increase your security by storing your session ID and are a way of monitoring single user access. This aggregate, non-personal information is collated and provided to us to assist in analysing the usage of the site.

Access to Information

14. We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.

15. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.

Links to other sites

16. We provide links to Web sites outside of our web sites, as well as to third party Web sites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Web site and its privacy statement.

Problems or questions

17. If we become aware of any ongoing concerns or problems with our web sites, we will take these issues seriously and work to address these concerns. If you have any further queries relating to our Privacy Policy, or you have a problem or complaint, please contact us.

18. For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner’s web site; http://www.privacy.gov.au.

DATE: 1 July 2024