TERMS AND CONDITIONS OF PURCHASE
Master Wealth Control contract terms & conditions Elite Mentoring (ABN 121 480 366 77)
Background: MWC is one of the companies in the Master Wealth Control group of companies that provides a range of educational training support and products specialising in teaching clients how to buy distressed real estate Australia-wide (the “Training Package(s)”). MWC also, on its own behalf or as agent for others including but not limited to: Elite Mentoring, Core Logic Pty Ltd (known as RP data) provides data feed services and the entitlement to use software in conjunction with those data feed services which can assist in the purchasing of property in Australia.
1.1 Thank you for accepting our offer to present the Training Packages and (if applicable) other products or services which are marked on the booking form. By placing an Order, you acknowledge that you have read our Terms and Conditions and agree that the placement of the Order together with these Terms and Conditions form a contract between you and us.
1.2 I agree to pay for the nominated Training Package and (if applicable) other additional products in the manner that is indicated on the booking form. I agree that if any payment is declined or dishonoured the balance of the price will become immediatelydue and owing and may be recovered as a liquidated debt. I further agree that in the event that any payment is refused or dishonoured then you may cease the provision of any further service to me and that you will not be liable for any loss that I suffer by reason of that cessation. Any event run as a private event is considered to be hosted by MWC. During the event, as well as being provided with training and other content, attendees will be given the opportunity to purchase further training or seminar services, they may find helpful.
1.3 Attendees are not under any obligation to purchase any product at the event and the purchases are made at the attendees’ own discretion. For the duration of this private event, MWC will consider the venue as their normal place of business.
You agree to abide by the terms and conditions listed in this document.
2. Cooling Off
If you advise us in writing under Section 82 of the Australian Consumer Law or by emailing our offices at email@example.com within 10 days from signing this agreement that you do not wish to receive the Training Packages, this agreement will be at an end. We will then refund to you all monies you have paid to us, after the return (at your own expense) of any tangible material supplied to you as part of the Training Packages to the principal office of MWC.
Any costs of products that have been received with your order will be retained if products are not returned within 7 days from notification of your cancellation un-opened/un-used/un-damaged.
2.1 If you have attended the live event or utlilised the product/program within the cooling off period you will no longer be eligible to cancel or receive a refund.
3. Investment and Payment
3.1 You must pay to us in consideration of the Training Packages:
a. the Investment Sum in full on acceptance of the purchase made over the phone by you or
b. if we have agreed that you may pay by Instalments you must pay each Instalment to us in full on the Instalment Payment Dates.
3.2 A purchase made on behalf of another, referred to as a “couple enrolment”, will remain the sole responsibility of Client 1 and all payments associated with such a purchase will be due from and remain the responsibility of Client 1.
3.3 Payments made under this agreement must be made by the means specified during the phone call during which the purchase was made.
3.4 If you fail to pay an Instalment Sum by the Instalment Payment Date then ALL monies owing by you to us will become due and owing and must be immediately paid to us without set off or deduction or counterclaim and without need for further demand. A late payment fee of $60 may be applied.
3.5 Should you default on this payment for more than 60 days, under the Privacy Act 1988, MWC can, at its discretion, list information about the default with any credit reporting agency and refer your details to a debt collection agency to recover the outstanding balance. Until the debt is paid in full, your account will remain on hold and no further orders may be taken. The Client shall pay all costs (including legal and agent’s fees) incurred by MWC in connection with any recovery or attempted recovery of any overdue accounts from the Client.
3.6 If Payments are not made by the due dates, Seminar Services or Training Packages may be cancelled and no refund or credit will be given.
3.7 You acknowledge that all monthly subscription service charges are automatically charged/debited the same day each month, or until cancelled. Monthly charges will automatically renew each month. To cancel any monthly product, you acknowledge that you must deliver a written termination notice, (via fax or email, return receipt requested) at least seven (7) calendar days before the monthly charge is scheduled to be charged/debited. You acknowledge that there will be no partial or pro rata refunds.
3.8 You acknowledge that MWC retains the right to discontinue free member services, or to exclude particular clients from any of these services, with 24 hours notice and at its complete discretion.
4.1 We may cancel the delivery of the Training Package for any reason by written notice to you. We will then refund you the Investment sum you have actually paid to us within 7 days of giving you notice of cancellation. We will have no further liability to you in respect of the cancellation.
4.2 Mentoring is a commitment to a twelve month program and as such no refunds will be payable should you decide to cancel the program and any unpaid monthly instalments covering the full 12 months will be due and payable forthwith.
4.3 Suspension of the program for any period is not permitted except in exceptional circumstances, and then only at the discretion of MWC.
4.4 You acknowledge that you shall not be entitled and shall not claim a refund other than by strict compliance with Clause 2, Clause 2.1 or Clause 5.1. You further acknowledge that this is an essential term of this agreement on which we rely.
5. Transferring & Non Attendance of Seminar Services
5.1 All inclusions and benefits of the Elite Mentoring Program are for the sole use of the primary purchaser only. Spouses/life partners/business partners may not be substituted where the primary purchaser is unavailable to use the services outlined for any reason.
5.2 In the event that you are unable to attend the Seminar Services you have booked and paid for you can transfer your ticket to another event date if one is available subject to notifying us at least 21 days before the event starts. If you notify us within 21 of the event starting an administration fee of $495 will apply.
5.3 If you do not attend the Seminar Services you have booked and paid for without notifying MWC in writing your ticket will be deemed to be abandoned by you and you will not be entitled to any Seminar Services, any associated materials, bonuses or gifts, nor any refund of money paid or other claim to any further compensation.
5.4 Information, venue and event dates are subject to change. MWC is not responsible for any cancellation or rescheduling of venues, events, or for changes in the program. In the case of rescheduling of an event, tickets will be transferred to the new date.
6. Reservations and acknowledgements
6.1 You warrant that you have purchased this product for the sole purpose of self education. You acknowledge that the nominated Training Package and (if applicable) other additional products is based on examples only. You warrant and represent that you will not engage in purchases based on any information or examples provided and that if you do so you indemnify MWC in relation to all claims and losses suffered by you or anyone else in relation to that purchase.
6.2 An additional six month subscription to RP Data is included in your mentoring package. This subscription commences upon the expiry of the six months subscription granted with the purchase of your Real Estate Rescue package, and will cease at the expiry of the twelve month mentoring program. Your access to RP Data will be suspended during any period of suspension from the mentoring program for whatever reason. No extensions of the service are available on the basis of non-use of the subscription throughout the twelve month period.
6.3 MWC does not provide personal advice. The nominated Training Package and (if applicable) other additional products is not designed for nor should it be understood by you as being for the purpose of providing personal financial or investment advice.
6.4 Any advice contained in the nominated Training Package and (if applicable) other additional product is general advice only and is given without taking account of any person’s objectives, financial situation or needs. For advice which does take into account personal objectives, financial situation or needs you should see an Australian Financial Services licensee to give such advice.
6.5 Before acting on any advice in the nominated Training Package and (if applicable) other additional products you should consider the appropriateness of the advice, having regard to you objectives, financial situation and needs.
6.6 None of the information and data contained in the nominated Training Package and (if applicable) other additional products nor any opinion expressed, constitutes a recommendation to purchase, hold or sell a financial product or to provide investment advice. The information and data relate to example or demonstrations only.
6.7 Any methods, techniques, or indicators presented in the nominated Training Package and (if applicable) other additional products are for educational purposes only and are presented to assist you to make your own judgments on any prospective purchases (for which you are responsible). They should not be construed as investment advice or strategy for you. We make no representation that the use of any methods, techniques, or indicators presented in the nominated Training Package and (if applicable) other additional products will or are likely to achieve any intended results.
6.8 You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the nominated Training Package and (if applicable) other additional products and any information or material available from or through it.
6.9 We disclaim all warranties in relation to the nominated Training Package and (if applicable) other additional products, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of the nominated Training Package and (if applicable) other additional products, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
6.10 Our liability for negligence, breach of contract or contravention of any law as a result of any problems with the nominated Training Package and (if applicable) other additional products, which cannot be lawfully excluded, is limited at our option and to the maximum extent permitted by law, to resupplying, or to paying for the resupply of the nominated Training Package and (if applicable) other additional products.
6.11 Any information or data contained in the nominated Training Package and (if applicable) other additional products are historical and provide no indication of future performance.
6.12 Although every attempt has been made to ensure the accuracy and completeness of information or data contained in the nominated Training Package and (if applicable) other additional products we do not give any express or implied warranty as to its accuracy or accept any liability for error or omission.
6.13 You acknowledge that you are required to attend all live events within 12 months of purchasing this package that includes (a) live seminar(s), or otherwise forfeit the attendance eligibility.
7. Intellectual Property Rights
7.1 The Company has sole title and ownership of all Intellectual Property Rights in the Materials or Recordings or created in the provision of any of its services. Whereby, “Intellectual Property Rights” means patents, trademarks, copyrights, database rights, design rights, applications for registration of any of the foregoing and all rights of like nature arising or subsisting whether registered or unregistered;
7.2 In delivering the Training Package for you, we do not transfer title to you of any intellectual property and title to all such intellectual property remains with us.
7.3 The materials purchased are copyrighted, they are for your personal use only and copying them is prohibited.
8.1 You release MWC from any claim action or demand arising from any loss, cost or damage by reason of your use of the Training Package, propriety and non- propriety software and or the data feed services and you acknowledge that MWC will not be under any liability to you for any such loss, including any loss arising from an interruption to the data feed services and including any loss arising from any real estate purchases.
8.2 Notwithstanding any provision to the contrary, in no case shall MWC’s liability to you exceed the total amount of the fees that you have paid in respect to this agreement.
Master Wealth Control Pty Ltd: PO BOX 295 TERREY HILLS NSW 2084 PHONE: 02 9986 2228 FAX: 02 9986 3338 Email to: firstname.lastname@example.org