Terms of Purchase

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, 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:

In the case of the Uplift Package:
- The Uplift Package entitles you to all of the inclusions set out in the Uplift Package offer including the training martials, Fastproperty.ai Uplift research software, the relevant Fastproperty.ai AI Assistants, the Property Connect Private Community and the Property Lovers Advantage Card, for the advertised subscription fee, paid monthly or paid annually.
- You can cancel at any time. If you cancel your Uplift Package 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 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 Uplift Package subscription then access to all the products and services associated with Uplift Package will immediately be terminated.
- Property Lovers can change the Uplift 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.
- There are no refunds once payments have been processed but you can cancel at any time subject to the terms set our above.
In the case of the Explorer Package:
- The Explorer Package entitles you to all of the inclusions set out in the Explorer Package offer including the training martials, Fastproperty.ai Explorer research software, the relevant Fastproperty.ai AI Assistants, the Property Connect Private Community and the Property Lovers Advantage Card, for the advertised subscription fee, paid monthly or paid annually.
- You can cancel at any time. If you cancel your Explorer Package 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 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 Explorer Package subscription then access to all the products and services associated with Explorer Package will immediately be terminated.
- Property Lovers can change the Explorer 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.
- There are no refunds once payments have been processed but you can cancel at any time subject to the terms set our above.
In the case of the Professional Package:
- The Professional Package entitles you to all of the inclusions set out in the Professional Package offer including the training martials, Fastproperty.ai Professional research software, the relevant Fastproperty.ai AI Assistants, the Property Connect Private Community and the Property Lovers Advantage Card, for the advertised subscription fee, paid monthly or paid annually.
- If you have opted in for the 12 months’ pre-paid access to the Professional Package subscription, the package commences on the date of purchase of and terminates on the date that is 12 months from the date of purchase.
- If you have opted in for the monthly access to the Accelerator Program subscription, you can cancel at any time after a minimum of 3 months. If you cancel your Professional Package 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 or the 30 Day money back guarantee period (subject to 24 hours’ notice), you will be charged for the 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 Professional Package subscription then access to all the products and services associated with Professional Package will immediately be terminated.
- Property Lovers can change the Professional 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.
- The 30-Day Money Back Guarantee, which applies Professional Program subscription under this clause (“PP Guarantee”), commences on the date of purchase and expires after a period of 30 calendar days (“PP Guarantee Period”).
- Subject to compliance with the above conditions, the refund will be processed within 14 calendar days from the end of the PP Guarantee
- There are no refunds once payments have been processed apart from Customers eligible for the PP Guarantee, but you can cancel at any time subject to the terms set our above.
In the case of the Accelerator Program:
- The Accelerator Package entitles you to all the inclusions set out in the Accelerator Package offer, including training materials, Fastproperty.ai Professional research software, the relevant Fastproperty.ai AI Assistants, the Property Professional Community, and the Property Lovers Advantage Card, for the advertised subscription fee, paid monthly or annually.
- If you have opted for the 12-Month Pre-Paid Accelerator Program Subscription (“12-Month AP Subscription”)
  - The Program commences on the date of purchase and terminates 12 months from that date.
  - The Double Your Money Back Guarantee (“AP Guarantee”) applies only to the 12-Month AP Subscription. If a Customer follows and applies the program, subject to the terms and conditions outlined below, and does did not successfully accomplish a potentially profitable deal of at least $50,000 by the end of the AP Guarantee Period, the Customer will be refunded double the amount they paid for the Accelerator Program.
  - The Guarantee period commences on the date of purchase and expires after 12 calendar months (“AP Guarantee Period”). To be eligible for the refund, the customer must complete the entire 12-month program. Requests for refunds before completing the 12-month period will not be accepted.
  - To qualify for the AP Guarantee, the Customer must:
    - Pay in full for the 12 -Month Pre-Paid Accelerator Program Subscription
    - Successfully complete the 30-day Accelerator Onboarding Program and apply the instructions set out in Onboarding Program.
    - Submit a minimum of two fully completed feasibility analyses per month through the Property Lovers App, throughout the Guarantee Period. A “fully completed” feasibility must include all required details and data input relevant to real property deals. Simply inputting basic numbers or incomplete submissions will not qualify.
    - These submissions must demonstrate a genuine, thoughtful effort in analysing real property deals, and be spread consistently throughout the year. Bulk submissions at the end of the Guarantee Period will not be accepted.
  - If the Customer fulfills all the above conditions over the full 12-month period and did not achieve a potentially profitable deal of at least $50,000 by the end of the AP Guarantee Period, the Customer may request the AP Guarantee.
  - To initiate the refund simply notify the Company of your request in writing within 7 calendar days of the end of the Guarantee Period by email to info@propertylovers.com.au. The notice must be sent from the email address provided at the time of registration. Phone requests will not be accepted.
  - The refund shall amount to double the amount the Customer paid for Accelerator 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 AP Guarantee Period.
- If you have opted for the Paid Monthly Accelerator Program Subscription (“12-Month AP Subscription”)

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 utilised.

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:

may transfer its enrolment to the same event on a future date (only if available) within 6 months of this Agreement commencing; or
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: 24 October 2024