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:
- In the case of the Master Wealth Control Package –
- The Customer is entitled to:
- An asset protection kit comprising of a set of asset protection documents and an
asset protection plan;
- access to members only online portal and monthly live webinars; and
- consultations with accounting, business and legal professionals nominated by the
Company for up to 12 months.
- The Customer acknowledges that Dominique Grubisa has created the documents and products
that constitute the Master Wealth Control Package, which is the intellectual property of
the Company. The Company may engage professionals to provide certain services, which
will be provided on behalf of the Company and will not create a client relationship with
the Customer and the professional unless you engage them directly.
- The Customer acknowledges and agrees that:
- The Customer is responsible for the completion and implementation of the asset
protection documents and the asset protection plan (the “AP Documents”).
- The AP Documents will be generated in response to a questionnaire and the
content of the AP Documents will be a result of the answers provided by the
Customer in the questionnaire.
- The Customer is responsible for the correctness and accuracy of the information
in the AP Documents.
- The AP Documents are general only and do not constitute a financial or legal
service and the Customer is responsible for determining if the AP Documents are
suitable for the Customer’s circumstances.
- The Company is not responsible for any errors by the Customer caused by the
Customer’s misunderstanding or misinterpretation of any questions, or in
completing the questionnaire.
- The Company does not provide any warranties or guarantees regarding the AP
Documents.
- If the Customer has any concerns regarding the suitability, implementation and/or
implications of the AP Documents, the Customer must obtain its own legal and/or
financial advice.
- As a Customer of the Master Wealth Control Package (“MWC Customer”), you will be
entitled to a free consultation with an accountant, lawyer and/or business advisor for
up to 30 minutes (“Initial Consultation”) for a period of 12 months from the date of
purchase, subject to the following conditions:
- Any advice provided during an Initial Consultation will be provided by the
relevant professional from an accounting firm, business advisory firm or law
firm nominated by the Company (“Nominated Firm”).
- An Initial Consultation will not exceed 30 minutes and will be limited to one
consultation per MWC Customer for every new issue (being an issue that the MWC
Customer has not previously discussed with a Nominated Firm).
- Initial Consultations will be used to discuss the MWC Customer’s own issues only
and may not be used for the benefit of a third party.
- Initial Consultations will include general advice only, based on the information
provided by the MWC Customer during the consultation. The MWC Customer will be
required to formally engage the respective Nominated Firm to rely on any advice
given.
- Unless otherwise proposed by the Nominated Firm, Initial Consultations will be
by telephone during normal business hours only, and subject to advance booking.
- An Initial Consultation will be agreed at the discretion of the Nominated Firm
and subject to availability.
- Initial Consultations will be subject to the following exclusions:
- Perusing and reviewing documentation;
- Written advice, communication and/or correspondence;
- Issues that fall outside of the practice area of the Nominated Firm;
- Advice regarding the AP Documents;
- Disputes or matters that directly or indirectly involve the Company, its
associated entities, its directors, agents and/or employees;
- Matters that in the opinion of the Nominated Firm may give rise to a
potential conflict of interest; and
- Matters that fall outside of the jurisdiction of Australia.
- The MWC Customer acknowledges that a Nominated Firm may benefit from offering an Initial
Consultation, being an opportunity to determine if the MWC Customer may require further
or future services from the Nominated Firm.
- If the Customer wishes to engage a Nominated Firm after an Initial Consultation, the
engagement will be on such terms agreed between the MWC Customer and the Nominated Firm,
pursuant to an engagement letter or costs agreement with the Nominated Firm.
-
The Company shall have no responsibility or liability of any kind for any services
rendered by any Nominated Firm.
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:
- May transfer its enrolment to the same event on a future date (only if available)
within 12 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 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