TERMS AND CONDITIONS OF PURCHASE
Company: means Master Wealth Control Pty Ltd [ABN 121 480 366 77] trading as DG Institute having its registered office at Level 22, 31 Market St Sydney NSW 2000 and its associated companies and business names listed in clause 21 below.
Customer: means the person(s) or company named on the order form 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.
- This agreement regulates the sale by the Company to the Customer for the purchase by the Customer of the Company’s products and services concerning real estate purchases; real estate developments; real estate improvements; investments; real estate sales; asset and wealth management, asset protection; or succession planning as identified on the order form or over the telephone.
- The sale price under the agreement stated on the order form or over the telephone can be at the election of the Customer paid by lump-sum or by instalments 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 into 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 payments are not made by the due dates, 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 into this agreement the Customer acknowledges 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.
- On entering into this agreement, a 3 business day cooling off period commences and the Customer can cancel the agreement and receive a refund of all monies paid under the agreement. A refund becomes a cancellation of the agreement in its entirety. Notice of cancellation within the cooling off period must be given by the Customer to the Company by email at the address: firstname.lastname@example.org . Notice of cancellation by telephone is not permitted. If the Customer has received products from the Company and used them within the cooling off period a refund is not permitted.
- The Customer acknowledges that:
- in the case of the Real Estate Rescue Program that the complimentary 6 months access to the Corelogic RP Data subscription and email support included with the package commences upon purchase of the package, and concludes after 6 months; or
- in the case of the Property Uplift Program that the complimentary 6 months access to the Corelogic RP Data; Corelogic Blockbrief; Corelogic Cordell Connect; Corelogic Quarterly “Infill Reports” For 5 Postcodes; Feastudy subscription and email support included with the package commences upon purchase of the package, and concludes after 6 months; or
- in the case of the Business Turnaround Program that the complimentary 12 months access to the Equifax subscription and email support included with the package commences upon purchase of the package, and concludes after 12 months;
The Company is not responsible should the Customer not utilise the service during this time.
- Where a subscription is part of the agreement, the Customer acknowledges that all monthly/6 monthly/12 monthly subscription service charges are automatically charged/debited the same day each month/every 6 months/12 months until cancelled. To cancel a monthly/6 monthly/12 monthly product the Customer must give the Company notice by email at least 7 calendar days before the monthly/6 monthly/12 monthly charge is scheduled to be charged/debited.
- The Company reserves the right to make changes and updates to the policies and procedures as outlined in the DG Institute Client Handbook at any time and without notification prior to the implementation; changes made affect any and all clients including past, current and prospective.
- Where an event is part of the agreement, the Customer acknowledges that if non-attendance at any event or seminar services (if applicable) booked and paid occurs, the Customer:
- may transfer their 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 providing full contact details for the nominated new attendee; and
- refers to an administration fee of $495 that applies if the Customer fails to notify the Company within 21 calendar days before the seminar services commence. This was raised in the past and I’m not sure where the figure of $495 came from. An alternative may be to simply say that an administration fee will apply and not state what that fee would be.
- Where an event is part of the agreement, the Customer acknowledges that, if they do not notify the Company in writing or attend the seminar services he or she has 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 he or she will not be entitled to any seminar services, any associated material, nor any refund of 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.
- Aspects of the products and services provided by the Company may have been prepared and supplied by DGI Lawyers Pty Ltd (ABN 89 620 718 550) where relevant. The Company may retain the services of DGI Lawyers Pty Ltd from time to time at no cost to the Customer for advice and opinion as may be necessary for the soundness and regulatory compliance of the products and services supplied to the Customer.The Customer acknowledges that the services of DGI Lawyers Pty Ltd are limited to those services specified in this clause and does not include any disbursements which are payable by the Customer in full. The Customer further acknowledges that any specific and/or additional legal services provided by DGI Lawyers Pty Ltd at the Customer’s request will be charged to the Customer.
- 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 Customer accepts full responsibility for profits 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 recourse against the Customer for 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 guidance as to the Customer’s desired achievements and expectations.
- The purpose and suitability of this product 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 and 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 charge can be made to this agreement other than in writing and signed 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 on the order form or over the telephone.
- By entering into this agreement, the Customer authorises and consents to Master Wealth Control Pty Ltd (ACN 148 036 677) sharing the Customer’s personal details with its affiliated companies if necessary in order to engage services provided by other divisions of the business and to undertake a holistic approach to serve the Customer. The affiliated companies of Master Wealth Control Pty Ltd (ACN 148 036 677) include: DGI Finance Pty Ltd (ACN 621 059 756), DGI Wealth Management Pty Ltd (ACN 626 596 272), DGI Accounting Pty Ltd (ACN 625 320 363), Open Network Funding Pty Ltd (ACN 621 733 088), DGI Lawyers Pty Ltd (ACN 620 718 550), DGI Debt Management Pty Ltd (ACN 631 021 184) & DGI Asset Management Pty Ltd (ACN 631 156 897) and any other affiliated company created in the future. The Customer acknowledges that any information provided to the Company will be treated by all parties as confidential.
DATE: 5 August 2019
This legal practice conducted by Dominique Grubisa and her legal services are independent of and not provided by or affiliated with Dominique Grubisa’s other businesses.
Master Wealth Control Pty Ltd [ABN 121 480 366 77] trading as DG Institute: Level 22, 31 Market St Sydney NSW 2000, PHONE: 02 9986 2228, FAX: 02 9986 3338, Email to: email@example.com